State of IRew Ibampsbtre. 



Id ElKliOR. 


= 1912 * 


Ira C. Evans Co., Printers, 
Concord. 
















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State of IRew Ibampsbtre. 



= 1912 * 



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Ira C. Evans Co., Printers, 
Concord. 













The Direct Primary Law 


Chapter 153, Law's of 1909. 

An Act to Provide for the Nomination of 

Party Candidates by Direct Primary. 

Section 1 . The words and phrases of this 
act shall, unless the same be inconsistent 
with the context, be construed as follows: 

(1) The word “primary,” the primary elec¬ 
tion provided for by this act; 

(2) The word “election,” the general elec¬ 
tion held in November, as distinguished from 
the primary election; 

(3) The word “party,” any political organ¬ 
ization which at the preceding election 
polled at least three per centum of the entire 
vote of the state given in for governor; 

(4) The word “supervisors,” all officers 
performing the duties of supervisors. 

Sect. 2. (1) This act shall not apply to 

special elections to fill vacancies, nor to city, 
town, and school district elections except as 
to elections of moderator and supervisors of 
the checklist, who shall be elected at each 
biennial election. 

(2) Moderators and other election officers, 
if any, chosen at elections other than the 
regular biennial election, shall be considered 
regular election officers within the meaning 
of this act, for the biennial election of 1910. 

Sect. 3. Hereafter all candidates for elec¬ 
tive offices shall be nominated: 

(1) By a primary held in accordance with 
this act, or 

(2) By nomination papers signed and filed 
as provided by existing statutes. 


3 



Sect. 4. (1) A primary shall be held at 

the regular polling places in each town and 
ward in the state on the first Tuesday of 
September, 1910, and biennially thereafter, 
for the nomination of all candidates to be 
voted for at the November election, except 
presidential electors. 

(2) At each such primary there shall be 
elected in each town and ward, from the 
legal voters in such town or ward, as many 
state delegates as such town or ward is en¬ 
titled to elect representatives to the general 
court at the election next following such 
primary. 

(3) Primaries shall be conducted by the 
regular election officers, as elections are con¬ 
ducted under existing laws. 

Sect. 5. (1) At least sixty days before the 

time of holding any primary the secretary of 
state shall prepare and transmit to each town 
and ward clerk in the state a notice in writing 
designating the offices for which candidates 
are to be chosen, and delegates to the state 
convention are to be elected. 

(2) Each town and ward clerk shall, within 
ten days after the receipt of such notice, cause 
notice of such primary to be posted in three 
public places in his town or ward; such notice 
shall state the time when, and place where, 
the primary will be held in each town and 
ward, together with the offices for which can¬ 
didates are to be nominated and delegates to 
be elected. It shall also state the date before 
which declarations of candidacy must be filed 
to place names upon the ballots to be used at 
such primary, the officers with whom they 
must be filed, and the fees required to be paid 
at the time of filing such papers. 

Sect. 6. (1) The name of no candidate 

shall be printed upon an official ballot used at 
any primary unless not more than sixty days 


4 


prior to such primary a declaration of candi¬ 
dacy shall have been filed by such candidate 
and the filing fee required by section 7 of this 
act shall have been paid. 

Declarations of candidacy shall be in the 
following form: I, -, declare that I re¬ 
side in Ward -, in the city (or town) of 

-, county of-, state of New Hampshire, 

and am a qualified voter therein; that I am a 
member of the - party; that I am a can¬ 
didate for nomination for the office of -, 

(or for delegate to the state convention) to be 
made at the primary election to be held on 

the - day of -; and I hereby request 

that my name be printed on the official 
primary ballot of said - party as a candi¬ 

date for such nomination or election. I 
further declare that if nominated as a candi¬ 
date for said office or if elected as such dele¬ 
gate I will not withdraw, and that if elected I 
will qualify and assume the duties of said office. 

(2) Declarations of candidacy shall be filed 
as follows: 

_ (a) For governor, or any other officer to be 
voted for throughout the state, members of 
congress, councilors, state senators, and for 
county officers, with the secretary of state. 

(b) For members of the house of representa¬ 
tives, moderator, supervisors of the check-list, 
and delegates to state conventions, with the 
clerk of the city or town within which such 
officers are to be voted for. 

(3) Each town or city clerk shall forward 
each declaration of candidacy filed with him, 
within two days from the date of filing, to the 
secretary of state. The fees paid to a town 
or city clerk shall be paid to the treasurer of 
each town or city. 

(4) Declarations of candidacy filed with the 
secretary of state shall be filed eighteen days 











before the primary, and all others twenty 
days before the primary. 

Sect. 7. At the time of filing declarations 
of candidacy each candidate, or some person 
for him, shall pay to the officer with whom the 
same are filed the following fees: 

(1) For governor, one hundred dollars; 

(2) For any state officer, other than gov¬ 
ernor, to be voted for throughout the state, 
fifty dollars; 

(3) For representative in congress, fifty 
dollars; 

(4) For councilor, twenty-five dollars; 

(5) For state senator, ten dollars; 

(6) For county officer, five dollars; 

(7) For member of the House of Repre¬ 
sentatives, two dollars; 

(8) For supervisor of checklist, one dollar; 

(9) For moderator, one dollar. 

Sect. 8. At least ten days before any pri¬ 
mary is to be held, an official ballot for each 
political party shall be prepared by the secre¬ 
tary of state, and shall be as nearly as is 
practicable in the same form as ballots now 
used at elections. Below the name of each 
office shall be printed in small but easily legi¬ 
ble letters the words “vote for one,” “vote for 
two,” “vote for three,” or a spelled number 
designating how many persons are to be voted 
for. Whenever there are two or more candi¬ 
dates for nomination to the same office who 
are to be voted for in more than one town 
or ward, the names of such candidates shall 
be so alternated on the ballots used that each 
shall appear thereon as nearly as may be an 
equal number of times at the top, at the bot¬ 
tom, and in each intermediate place, if any, of 
the list or group in which it belongs. Names 
of rival candidates for nomination to the 
same office who are to be voted for in only 
one town or ward shall be arranged in the 


6 


alphabetical order of their surnames. Follow¬ 
ing the names printed on the ballot after the 
name of each office to be filled shall be as 
many blank lines as there are persons to be 
elected to that office. The ballots of all parties 
shall be upon colored paper, but the ballots 
of no two parties shall be upon paper of the 
same, or closely similar, color, and each party 
ballot shall be so designated by the name of 
such party printed in prominent type on the 
back of said ballot. 

Sect. 9. (1) Not later than six days before 

a primary, the secretary of state shall furnish 
to the clerk of each town and ward ballots foi 
each political party as follows: For each fifty 
and fraction of fifty voters of each party, as 
shown by the vote for governor in the town 
or ward at the last preceding election, he shall 
furnish seventy-five ballots of said party, ex¬ 
cept that when any party has cast less than 
ten votes in a town or ward, he shall only be 
obliged to furnish twenty-five ballots. 

(2) He shall in addition furnish each such 
clerk with ten sample ballots of each political 
party, printed on white paper. 

(3) Each clerk shall within one day from 
the time when he shall receive such sample 
ballots post three of each political party in 
three public places in his town or ward, and 
shall retain the others until the date of the 
primary, when he shall post the same in 
prominent positions in and about the polling 
place. 

(4) The secretary of state shall also, upon 
request, furnish a reasonable number of sam¬ 
ple ballots printed on white paper to each per¬ 
son whose name appears upon the ballot as a 
candidate. 

Sect. 10. (1) The supervisors of the check¬ 

list shall prepare and post the check-list of the 
legal voters in their respective towns and 


7 


wards and hold sessions for the correction of 
the same, and give notice of such sessions 
before all primaries held under this act in the 
same manner as they are required to do be¬ 
fore elections under existing laws. 

(2) No person shall be entitled to vote 
at a primary unless his name is upon the check¬ 
list of voters in the town or ward wherein he 
offers to vote. 

(3) Any person offering to vote at a primary 
shall at the time of announcing his name also 
announce the name of the party to which he 
belongs. If his name is found upon the check¬ 
list, and if his party membership has not been 
before registered, it shall then be registered, 
and he shall be allowed to vote the ballot of 
his party, provided, however, that if he is 
challenged, he shall not be allowed to regis¬ 
ter as a member of such party, or to vote the 
ballot of said party unless he makes oath or 
affirmation that he affiliates with and gen¬ 
erally supports the candidates of the party 
with which he offers to vote. If his party 
membership has been before registered, he 
shall be allowed to vote only the ballot of the 
party with which he is registered. 

(4) After the primary the town or ward 
clerk shall deliver to the supervisors the check¬ 
list with the registration of the party member¬ 
ship of voters thereon. Before delivery, how¬ 
ever, the moderator and clerk shall certify 
thereon, under their hands, that the list is the 
one used at the primary, and contains a cor¬ 
rect registration of the voters as delivered into 
their hands or made by them at such primary. 
Such list shall be preserved by the supervisors, 
and shall be used by them in making up the 
check list to be posted before the next primary, 
as provided in paragraph 6 of this section. 

(5) Any person whose party membership 
has been registered may change such regis- 


8 


tration by appearing in person before the 
supervisors of the check list for his town or 
ward not less than ninety days before any 
primary, and stating to them, under oath or 
affirmation, if required, that he intends to 
affiliate with and generally supports the can¬ 
didates of the party with which he offers to 
register. He may also change such registra¬ 
tion at any primary, upon making oath or 
affirmation to the same effect, if challenged, 
but he shall not be permitted in such case to 
vote the ballot of any party at such primary. 

(6) After the first primary held under this 
act, the s\ipervisors of the check-list shall be 
in session for the alteration of the registra¬ 
tion of party members, and for making addi¬ 
tions to such registration before each primary. 
The session shall be on two days at least and 
shall not be less than ninety nor more than 
one hundred days prior to such primary. They 
shall post copies of the check-list showing the 
persons in the town or ward entitled to vote, 
with their party registration, so far as such 
registration has been made, in three public 
places in such town or ward, at least ten days 
prior to such session, and notice of the date, 
hour, and place of the daily sessions to revise 
such registration shall be given upon such 
checklists. 

After such session, the supervisors of the 
check list shall prepare a corrected check list, 
showing the registration of party members as 
corrected by them, and such corrected check¬ 
list, with such names as may be regularly 
added thereto, as provided in sections 6 and 7 
of chapter 32 of the Public Statutes, shall be 
used at the primary. Whenever names are 
added to the check list, as provided in sections 
6 and 7 of chapter 32 of the Public Statutes, 
the supervisors shall register the party mem¬ 
bership of the voter, if he desires such member- 


9 


ship registered; but if such voter has already 
been registered in any town or ward in this 
state as a member of any party, he shall not be 
registered as a member of a different party 
within ninety days before any primary. 

(7) The party membership of each voter 
may be registered by writing in ink after the 
name of such voter the first three letters of 
the name of the party with which he 
registers. 

Sect. 11. (1) Votes cast for the same per¬ 

son on the ballots of different parties at any 
primary shall not be added together, but shall 
only count in favor of the person as the can¬ 
didate of each party on whose ballot his name 
appears. 

(2) After the count is completed it shall be 
announced by the moderator, and the clerk 
shall, in the presence of the other election 
officers, fill into blanks, provided him for that 
purpose by the secretary of state, complete 
returns of all the votes cast for the different 
candidates of each party. These blanks shall 
be prepared in duplicate, and shall be signed 
by the clerk. One copy shall be preserved by 
the clerk and shall be open to the inspection 
of any candidate, or of his agent authorized in 
writing. The other copy shall be mailed on 
the day of the primary, or on the day following, 
by the clerk to the secretary of state. 

Sect. 12. (1) The second day after the 

primary, or as soon thereafter as possible, the 
secretary of state shall canvass the returns 
from all the towns and wards in the state, 
and upon the completion of such canvass shall 
declare what candidates have received the 
greatest number of votes for the various offices 
in the various pai’ties. 

(2) After the completion of the canvass of 
returns, the secretary of state shall publish in 
some paper of general circulation the names 


10 


of the persons found to have been chosen as 
candidates for the various offices by the vari¬ 
ous parties, and shall cause a copy of such 
paper to be mailed to each person whose name 
appeared upon any party ballot. 

Sect. 13. (1) Persons voted for, at a pri¬ 

mary, under this act, who receive a plurality of 
all the votes cast by a party, shall be candi¬ 
dates of that party for the office designated 
in the ballot, or the delegates of such party 
from their respective towns and wards. 

(2) In case of a tie vote, the tie shall be 
determined by lot by the secretary of state in 
the presence of the candidates who are tied, 
if, upon notice from the secretary of state, 
they elect to be present. 

(3) Vacancies upon any party ticket occur¬ 
ring after the holding of any primary shall be 
filled by the party committee of the state, 
county, town or ward, as the case may re¬ 
quire, and such committee shall notify the 
secretary of state of the appointment made, 
and the names of persons so appointed shall 
be placed upon the official election ballot. 

Sect. 14. (1) If any person who was voted 

for upon the ballot of any party is not, accord¬ 
ing to the count first made by the secretary 
of state, chosen as the candidate of such 
party, and desires a recount of the ballots cast 
in the primary, he shall apply in writing to the 
secretary of state for such recount within ten 
days after the date of the advertisement of the 
result of the primary, provided for in para¬ 
graph 2 of section 12 of this act. 

(2) The secretary of state shall fix a'time for 
such recount not earlier than ten days after 
the receipt of the application, and shall notify 
the opposing candidates thereof, and as soon 
after the expiration of such ten days as cir¬ 
cumstances will permit, such recount shall be 


11 


held and conducted as recounts of votes cast 
at elections are now conducted. 

(3) Upon the date set for the recount, the 
ballots shall be counted by the secretary of 
state and such assistants as he may require. 
The various candidates, however, and their 
counsel, shall have the right to inspect the 
ballots and participate in such recount under 
such suitable rules as the secretary of state 
may adopt. 

(4) No candidate, however, shall be entitled 
to a recount unless he shall pay to the secre¬ 
tary of state at the time of filing his applica¬ 
tion fees as follows: 

(a) If a candidate for governor, or other 
officer voted for throughout the state, one hun¬ 
dred dollars; 

(b) If a candidate for member of congress, 
fifty dollars; 

(c) If a candidate for councilor, twenty-five 
dollars; 

(d) If a candidate for a county office, ten 
dollars; 

(e) If a candidate for state senator, ten 
dollars ; 

(f) If a candidate for member of the house 
of representatives, five - dollars; 

(g) If a candidate for supervisor of the 
checklist, five dollars; 

(h) If a candidate for moderator, five 
dollars; 

(5) If a recount shall show that some other 
person than the one declared nominated upon 
the canvass of the returns from the clerks of 
towns and wards has the greatest number of 
votes cast at the primary, such person shall 
be declared nominated and shall be the candi¬ 
date of the party for the office in question 
instead of the person so first declared, and 
his name shall be placed upon the official bal¬ 
lot at the following election. 


12 


(C) If the recount shall show that the person 
who applied for the recount was chosen as 
the candidate of his party, the secretary of 
state shall, within ten days of such recount, 
return to him the fee paid at the time of filing 
the application for a recount. 

Sect. 15. Any town or city clerk, with 
whom any declaration of candidacy has been 
tiled, who shall fail to forward the same to the 
secretary of state within two days of the date 
of such filing shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished 
by a fine of not more than one hundred dol¬ 
lars, or by imprisonment not more than thirty 
days, or by both fine and imprisonment. 

Sect. 16. The provisions of the statutes 
now in force in reference to the holding of 
elections, the payment of election officers, the 
filling of vacancies, the solicitations of voters 
at the polls, the challenging of voters, the 
manner of conducting elections, of counting 
and preserving the ballots, and making return 
thereof, and all other kindred subjects, shall 
apply to all primaries in so far as they are 
consistent with this act, the intent of this 
act being to place the primary under the 
regulation and protection of the laws now in 
force as to elections. 

Sect. 17. (1) It shall be the duty of the 

secretary of state to prepare all forms neces¬ 
sary to carry out the intent of this act and to 
furnish the same in reasonable quantities to 
the proper officers. It shall also be his duty 
to furnish full directions to the clerks of towns 
and wards, when he sends them the notice 
provided for in section 5 of this act, or when 
he furnishes them ballots, as provided in sec¬ 
tion 9 of this act, as to the posting of notices, 
holding of primaries, and making return 
thereof. 

(2) The secretary of state shall have author- 

13 


ity to employ such additional clerical assist¬ 
ance as may be required during the canvass 
of votes, or in carrying out the provisions of 
this act; and all expense necessary shall be 
paid out of the treasury of the state. 

Sect. 18. All sums paid to the secretary of 
state under the terms of section 6 of this act 
and all sums paid to him under the terms of 
paragraph 4 of section 14 shall be paid by 
him into the state treasury. 

Sect. 19. (1) Not earlier than the third 

Tuesday of September, following any primary, 
and not later than the first Tuesday of October, 
upon the call of the chairman of the state 
committee of the party, the nominees of each 
party for the offices of governor, councilors, 
state senators, representatives, and state dele¬ 
gates elected shall meet in state convention 
for the purpose of adopting the platform of 
their party, nominating presidential electors, 
and effecting an organization for the following 
two years. 

(2) The party nominees and state delegates 
in said state convention from each county shall 
elect a county committee for their party, to 
consist of such number of persons as the state 
convention shall by vote apportion to each 
county. The members of the several county 
committees thus chosen shall constitute the 
state committee of the party. The registered 
party members in each town, ward or city may 
effect such an organization as they may deem 
expedient for advancing the purposes of their 
party. 

(3) Upon application of the chairman of the 
state committee of any political party, the 
secretary of state shall deliver to him a duly 
certified roll of the nominees of his party for 
the several offices named in the first para¬ 
graph of this section. None but such nominees 


14 


and state delegates shall take part in such 
state convention. 

Sect. 20. This statute shall be liberally con¬ 
strued so that the real will of the voters shall 
not be defeated, and so that the voters of any 
town or ward shall not be deprived of their 
right to nominate or participate in the nomina¬ 
tion of candidates for office by any informality 
or failure to comply with all the provisions of 
law in respect to giving notice of or conduct¬ 
ing the primary or certifying the results thereof. 

Sect. 21. All acts or parts of acts incon¬ 
sistent or in conflict with the provisions of 
this act are hereby repealed. 

(Approved April 9, 1909.) 

THE BALLOT LAW. 

Laws of 1897, Chapter 78. 

An Act in Amendment of the Public Statutes, 

Relating to the Manner of Conducting 

Caucuses and Elections. 

Section 1 . The provisions of this act shall 
apply to all elections held for the choice of 
electors of president and vice-president of the 
United States, representatives in congress and 
to the general court, governor, councilors, sena¬ 
tors, county officers, and all ward and town 
officers chosen at biennial elections, and to any 
other election of national or state officers. 

The word “caucus” as employed in this act 
shall mean a meeting of the legal voters of any 
political party assembled for the purpose of 
choosing delegates or for the nomination of 
candidates for office. The word “convention” 
shall mean an assembly of delegates chosen at 
caucuses in accordance with the usage of any 
political party. 

Sect. 2. Any caucus of legal voters repre¬ 
senting a political party which at the biennial 


15 


election next preceding polled at least three 
per centum of the entire vote of the state given 
in for governor, may choose delegates to con¬ 
ventions and may nominate candidates for rep¬ 
resentative to the general court and candidates 
for such town and ward officers as are chosen 
at biennial elections. 

Sect. 3. The nomination of a candidate in 
an electoral district containing more than one 
town or more than one ward of a city may be 
made by a convention, except as otherwise pro¬ 
vided for the nomination of a candidate for 
mayor or other city officer. 

Sect. 4. Certificates of nominations made 
in accordance with the provisions of sections 2 
and 3 of this act, shall contain the name and 
residence of each candidate, the office for which 
he is nominated, and the political principles or 
party he represents, and shall be signed by 
the chairman and clerk of the caucus or con¬ 
vention, and when practicable such certificates 
of nomination shall be signed by each candi¬ 
date, but the absence of the signature of a 
candidate shall not invalidate a certificate of 
nomination. Any caucus or convention wherein 
nominations are made of candidates to be voted 
for by the voters of the entire state shall be 
held, at least, thirty-five days prior to the day 
of election; wherein nominations are made of 
candidates to be voted for by the voters of 
cities and wards, at least, twenty-one days 
prior to the day of election, and in all other 
cases, at least twenty-eight days prior to the 
day of election. 

Sect. 5. The nomination of a candidate 
may also be made by petition. Such petitions 
shall be styled nomination papers. Such 
nomination papers shall contain all the facts 
required in certificates of nominations, and 
shall be signed by such persons only as are 
qualified to vote at the election of the candi- 


16 


dates named in the petition, and no voter shall 
sign moi*e than one nomination paper for each 
officer to be voted for, and no nomination paper 
shall contain the names of more candidates 
than there are offices to be filled. Such nomina¬ 
tion papers shall be submitted to a majority of 
the supervisors of the check-list of the town 
or ward in which the signers reside, and they 
shall certify what number of the signatures are 
the names of legal voters in said town or ward. 

It shall require the names of one thousand 
legal voters to nominate by petition a candidate 
for governor or other candidate to be elected 
by the voters of the entire state, five hundred 
to nominate a candidate for representative in 
congress, two hundred and fifty to nominate a 
candidate for councilor, senator, or county or 
city officer, and fifty to nominate a candidate 
elected by the voters of a town or ward of a 
city. 

Sect. 6. Certificates of nomination and 
nomination papers shall be filed with the secre¬ 
tary of state as follows: Thirty days prior to 
the day of election in case of candidates to be 
voted for by the voters of the entire state, six¬ 
teen days in case of nominations made by 
wards and cities, and twenty-three days in case 
of all other nominations. The number of days 
herein given shall include Sundays, and shall 
end on the day before election at six o’clock in 
the afternoon. Provided, however, that in case 
of the death or resignation of a candidate 
whose nomination has been duly filed with the 
secretary of state, the vacancy may be filled in 
the same manner as the original nomination 
was made, or by an executive committee repre¬ 
senting the political party making the original 
nomination. The name so supplied for the 
vacancy shall be placed on the ballot instead of 
the name of the original candidate if the ballots 
have not been printed, or, if printed, new 


17 



ballots containing the new nomination may be 
printed, if practicable. Proof of the resigna¬ 
tion or death of a candidate shall be filed with 
such new nomination. 

Sect. 7. Candidates for mayor of a city 
and other candidates voted for by the voters of 
the entire city, may be nominated by any party 
recognized by section 2 of this act, in a general 
city caucus, or by a convention of delegates 
from the several wards or by a caucus held by 
each ward. Candidates for officers elected by 
the several wards may be nominated by ward 
caucuses. Provided, however, that any party 
qualified to hold conventions may in caucus or 
convention or by its recognized political com¬ 
mittee, make regulations concerning the man¬ 
ner of holding such caucuses and conventions. 

Sect. 8. Towns, in the election of town offi¬ 
cers chosen by ballot, and cities holding their 
election on a day other than the day of the 
biennial state election, in the choice of city 
and ward officers, may adopt the provisions of 
this act so far as they are applicable to town 
and city elections. In such cases the ballots 
shall be prepared by the town or city clerk, 
and printed at the expense of such town or 
city, and the time for filing certificates of 
nomination and nomination papers shall be at 
least six days prior to the day of election. 
Towns and cities having voted to adopt such 
provisions may rescind the vote by which they 
were adopted. 

Sect. 9. Certificates of nomination made in 
accordance with the provisions of sections 2, 
3, and 4 of this act, and nomination papers 
made in accordance with the provisions of 
section 5 of this act, shall be regarded as valid 
and shall be received by the secretary of state, 
unless objection thereto is made in writing 
within three days succeeding six o’clock in the 


18 


afternoon of the last day for the filing of such 
nominations. 

On or before the first day of September pre¬ 
ceding a biennial election, the governor, with 
the advice of the council, shall appoint two 
persons from the two different political parties 
casting the largest number of votes at the 
preceding biennial election, who, with the 
attorney-general, shall constitute a board of 
ballot-law commissioners. They shall meet at 
the office of the secretary of state on the Tues¬ 
day next succeeding the last day for filing 
nominations, and shall continue in session 
from day to day until all questions submitted 
have been heard and determined. They shall 
consider and decide all objections to the 
nomination of a candidate and all questions 
arising in case of nominations, and their deci¬ 
sion shall be final. They shall receive such 
compensation for their services as shall be ap¬ 
proved by the governor and the council. 

Sect. 10. Ballots for use in biennial elec¬ 
tions and in all other elections for national 
and state officers shall be prepared by the 
secretary of state, and printed and delivered 
at the expense of the state. Every ballot shall 
contain the name and residence of each candi¬ 
date who has been nominated in accordance 
with the preceding sections, and shall contain 
no other name except party appellation and 
names of candidates for president and vice- 
president of the United States. In case a 
nomination is made by nomination papers, the 
words “nom. papers” shall be added to the 
party appellation. 

The names of candidates nominated by any 
party or by petition shall be arranged upon the 
ballot in perpendicular columns and the candi¬ 
dates of each party shall be printed in a 
separate column. Provided, however, that in 
case only a part of a full list of candidates is 


19 


nominated under a political designation, two 
or more such lists may be arranged whenever 
practicable in the same column. 

Immediately above the name of each candi¬ 
date shall be printed the political designation 
of the office for which he is nominated, as “For 
Governor,” “For Senator,” and the like, and 
at the right of the name of each candidate and 
on the same line there shall be a square, ex¬ 
cept that in the case of electors of president 
and vice-president of the United States one 
square shall suffice for each group of electors. 

In the last or right-hand column of each 
ballot there shall be no circle or device, but 
there shall be printed in the regular order the 
political designation of each office, as “For 
Governor,” “For Senator,” and the like, and 
beneath each designation there shall be left as 
many blank lines as there are persons to be 
elected to such office. Above each column or 
list of candidates shall be printed in large plain 
letters the name of the political party by which 
the candidates in such column were nominated. 

Whenever the approval of a constitutional 
amendment or other question is submitted to 
the vote of the.people, such question shall be 
printed upon the ballots after, or beneath, the 
lists of candidates. The ballots shall be so 
printed as to give to each voter an opportunity 
to designate by a cross-mark (X) in a square 
his answer to the question submitted. 

The ballots shall be printed on plain white 
paper, in weight not less than that of ordinary 
printing paper, and there shall be no impres¬ 
sion or mark to distinguish one ballot from an¬ 
other. The names of all candidates shall be 
printed in uniform type, and the ballots for 
each town or ward shall be so folded that their 
width and length when folded shall be uni¬ 
form. Upon the back of each ballot shall be 
printed, “Official ballot for,” followed by the 


20 


name of the town or ward for which the ballot 
is prepared, the date of the election, and a 
facsimile of the signature of the officer who 
prepares the ballot. 

At the head of each column shall be placed 
an emblem or device designating or distinguish¬ 
ing the political party assigned to that column. 

The device or emblem shall be selected by 
the secretary of state or other officer prepar¬ 
ing the ballots for each political party repre¬ 
sented upon the tickets, shall be different for 
each of such parties, and may be the repre¬ 
sentation of a star, an animal, an anchor, or 
any other appropriate symbol, but neither the 
coat of arms nor seal of any state, nor of the 
United States, the national flag, nor any relig¬ 
ious emblem or symbol, nor the portrait of any 
person, nor a representation of a coin, or of 
the currency of the United States shall be 
chosen as a distinguishing emblem. 

In a suitable place upon the back of all 
regular ballots used at biennial elections shall 
be printed the'following certificate which shall 
be signed by the election officer assisting any 
voter in marking his ballot: I certify upon 
honor that I have assisted the voter in mark¬ 
ing this ballot by his request. 

(Signed) -, Election Officer. 

Sect. 11. There shall be furnished each 
town and ward at each election conducted un¬ 
der the provisions of this act, not less than 
sixty ballots for each fifty and fraction of fifty 
voters therein. The officer who prepares the 
ballots shall cause to be printed for each town 
and ward fifteen ballots, printed on tinted 
paper and without the facsimile endorsement, 
which shall be known as specimen ballots. 
There shall be forwarded as soon as printed 
to the clerk of the town or ward, who shall 
immediately post five copies in the- most public 


21 








places in the town or ward. On the morning 
of the day of election he shall cause ten copies 
to be posted outside of the guard-rail in the 
room in which the election is held. The officer 
who prepares the ballots shall also prepare full 
instructions for the guidance of voters at such 
elections, as to obtaining ballots, the manner 
of marking them, the method of gaining assist¬ 
ance, and as to obtaining new ballots in place 
of those accidentally spoiled, and shall cause 
the same to be printed in clear type, on sepa¬ 
rate cards, to be called cards of instructions; 
and he shall furnish a suitable number of the 
same to each town and ward. 

Sect. 12. The secretary of state shall send 
in a sealed package the ballots printed by him 
to the several city and town clerks, so as to be 
received by them twelve hours, at least, prior 
to the day of election. The same shall be 
marked on the outside, clearly designating the 
town or ward for which they are intended and 
the number of ballots of each kind inclosed; 
and the city and town clerks shall, on delivery 
to them of such package, return receipts there¬ 
for to the secretary. The secretary shall keep 
a record of the time when and the manner in 
which the several packages were forwarded. 

Sect. 13. The several city and town clerks 
shall deliver to the election officers, before the 
opening of the polls on the day of any election 
under this chapter, the sealed package afore¬ 
said. At the opening of the polls in each town 
or ward, the seal of the package shall be pub¬ 
licly broken by the ward or town clerk, and the 
ballots shall be delivered by him to the ballot 
clerks hereinafter provided for. The cards of 
instruction shall be immediately posted at or 
in each marking shelf or compartment provided 
in accordance with the provisions of this chap¬ 
ter for the marking of the ballots, and not less 
than three such cards shall be immediately 


22 


posted in or about the polling room, outside 
the guard rails. In case the ballots to be fur¬ 
nished to any town or ward, in accordance 
with the provisions of this chapter, shall fail 
for any reason to be duly delivered, or in case 
after delivery they shall be destroyed or stolen, 
it shall be the duty of the city or town clerk, 
as the case may be, to cause other ballots to be 
prepared substantially, as far as may be, in 
the form of the ballots so wanting; and upon 
receipt of such other ballots from him, accom¬ 
panied by a statement under oath that the 
same have been so prepared and furnished by 
him, and that the original ballots have so failed 
to be received or have been so destroyed or 
stolen, the election officers shall cause the bal¬ 
lots so substituted to be used in lieu of the 
ballots wanting, as above. 

Sect. 14. The mayor and board of aider- 
men of each city, and the selectmen of each 
town, at some time between the first and tenth 
day of October preceding the biennial election, 
shall appoint as additional election officers, to 
act with the clerk, moderator, and the select¬ 
men at each polling place, four inspectors. 
Such officers shall be qualified voters at the 
said polling place, and shall be appointed from 
the two political parties which cast the largest 
number of votes for governor in the state at 
the biennial election next preceding their ap¬ 
pointment, and two of the inspectors shall be 
of a different political faith from that of the 
clerk and the other inspectors. The aforesaid 
appointments shall be made from nominations 
of caucuses of the two parties above named, 
holden by the ward or town, provided such 
nominations were made on or before the first 
day of October. If any appointment shall not 
be made within the specified time, then, on the 
application of six qualified voters, a justice of 
the supreme court shall appoint. Each of said 


23 


officers shall be sworn to the faithful perform¬ 
ance of his duties, and shall hold office for 
two years from the first day of November in 
the year in which he is appointed, and until a 
successor is appointed and qualified. 

In case of any vacancy, or the absence of 
any of these officers so appointed from any poll¬ 
ing place at any election held under this chap¬ 
ter, the selectmen shall appoint some' person 
qualified as aforesaid to fill said office, and the 
said appointment shall be made from nomina¬ 
tions of aforesaid caucuses, or, in the absence 
of such nominations, then from similar nomina¬ 
tions of the ward or town executive committee 
of the two parties above named, provided such 
nominations are made. 

Two of the inspectors, one from each of the 
two political parties above named, shall be de¬ 
tailed by the moderator at the opening of the 
polls to act as ballot clerks. They shall have 
the charge of the ballots therein, and shall 
furnish them to the voters in the manner 
herein set forth. A duplicate check-list of the 
qualified voters shall be prepared for the use 
of the ballot clerk, and all the provisions of 
law relative to the preparation, furnishing, 
and preservation of check-lists shall apply to 
such duplicate list. The other two inspectors 
shall be detailed by the moderator to assist tile 
illiterate and physically disabled in the mark¬ 
ing of their ballots, as provided in section 19 
of this act. 

Sect. 15. The selectmen in the different 
wards and towns shall prepare the polling 
places, or booths therein, and shall cause the 
same to be suitably provided with marking 
shelves or compartments at or in which voters 
may conveniently mark their ballots, so that in 
the marking thereof they may be screened from 
the observation of others; and a guard-rail 
shall be so constructed and placed that only 


24 


such persons as are inside said rail can ap¬ 
proach within six feet of the ballot-box and of 
such marking shelves or compartments, or 
within four feet of the ballots in possession of 
the ballot clerks. The arrangement shall be 
such that neither the ballot-box nor the mark¬ 
ing shelves Or compartments shall be hidden 
from view of those just outside the said guard¬ 
rail. The number of such marking shelves or 
compartments shall not be less than one for 
every seventy-five voters qualified to vote at 
such polling place, and there shall not in any 
case be less than four of these marking shelves 
or compartments at any polling place. No 
persons other than the election officers and the 
voters, admitted as hereinafter provided, shall 
be permitted within said rail except by author¬ 
ity of the election officers, and then only for 
the purpose of keeping order and enforcing 
the law. Each marking shelf or compartment 
shall be kept provided with proper supplies 
and conveniences for marking the ballots. 
Cities and towns shall provide suitable ballot- 
boxes, which shall be used at all elections 
therein. At the opening of the polls, and be¬ 
fore any election under this chapter, the ballot- 
box shall be publicly opened and shown to be 
empty, and the election officers shall ascertain 
that fact by a personal examination of the 
ballot-box. 

Sect. 16. Any person desiring to vote shall, 
before being admitted within the guard-rail, 
give his name to one of the ballot clerks, who 
shall thereupon likewise announce the same, 
and if such name is found upon the check list 
by said ballot clerk, he shall put a check mark 
against it and again repeat the said name. 
The voter, unless challenged, shall then be 
allowed to enter the space inclosed by the 
guard-rail, as above provided. If his vote is 
challenged, he must not enter until he makes 


25 


the affidavit now required by law. After he 
enters the inclosed space, the ballot clerk shall 
give him one ballot only. Besides the election 
officers, no more voters than the number of 
marking shelves or compartments provided shall 
be allowed in said inclosed space at one time; 
but this number shall not include any voter 
who is engaged in the act of depositing his 
ballot in the ballot-box as herein provided. If 
any voter spoils a ballot, he may successively 
receive others, one at a time, not exceeding 
three in all, upon returning each spoiled one. 
The ballots thus returned shall be immediately 
marked “cancelled,” by the ballot clerk, and, 
together with those not distributed to the voters, 
shall be preserved. 

Sect. 17. On receipt of his ballot, the voter 
shall forthwith, and without leaving the in¬ 
closed space, retire alone to one of the voting 
shelves or compartments, and shall prepare his 
ballot by marking in the appropriate square a 
cross (X) opposite and at the right of the name 
of the candidate of his choice for each office to 
be tilled, except in case of electors of president 
and vice-president, one such mark being made 
opposite the group of his choice in the square 
provided in the margin for that purpose, or by 
filling in the name of the candidate of his'choice 
in the blank space provided therefor, and mak¬ 
ing a cross (X) in the square opposite thereto; 
and, in case of a question submitted to the 
vote of the people, by marking in the appro¬ 
priate square a cross (X) against the answer 
which he desires to give. Before leaving the 
voting shelf or compartment, the voter shall 
fold his ballot without displaying the marks 
thereon, in the same way it was folded when 
received by him, and he shall keep the same so 
folded until he has voted. He shall immediately 
give his name to the ward or town clerk, who 
shall likewise repeat the same and place a 


26 


check mark against it on his check list. The 
voter shall forthwith present his ballot with the 
official endorsement uppermost to the mod¬ 
erator, who shall then deposit the same in the 
ballot-box. He shall mark and deposit his ballot 
without undue delay and shall quit said en¬ 
closed space as soon as he has voted. No voter 
shall be allowed to occupy a voting shelf or 
compartment already occupied by another, nor 
to remain within said enclosed space more than 
ten minutes, nor to occupy a voting shelf or 
compartment for more than five minutes, in 
case all of such shelves or compartments are 
in use, and other voters are waiting to occupy 
the same. No voter, not an election officer, 
whose name has been checked on the list by 
the ballot clerks, shall be allowed to re-enter 
said enclosed space during said election unless 
another balloting is held. It shall be the duty 
of the moderator to secure the observance of 
the provisions of this section and of other sec¬ 
tions relative to the duties of election officers. 

Sect. 18. If a voter votes for more names 
for any one office than there are persons to be 
elected to such office, or if, for any reason, a 
disagreement occurs among those present at 
the counting of the ballots, as provided in this 
act, as to the voter’s choice for any office to be 
filled, and a majority of those so present shall 
decide that it is impossible to determine the 
voter’s choice for that office, his ballot shall be 
regarded as defective therein, and shall not be 
counted with reference to that office. 

No ballot without the official indorsement 
shall, except as herein otherwise provided, be 
allowed to be deposited in the ballot-box, and 
none but ballots provided in accordance with 
the provisions of this act shall be counted. All 
ballots not counted in whole or in part, on ac¬ 
count of defects, shall be marked “defective” 
on the back thereof by the moderator, and shall 


27 


be sealed with the other ballots east and re¬ 
turned to the city or town clerks. 

Immediately after the polls are closed the 
ballots shall be examined, and the votes for the 
several candidates and on the questions sub¬ 
mitted shall be counted by the moderator, in 
the presence of the town clerk, the selectmen, 
and the other election officers herein provided. 

The counting shall be public, but within the 
guard-rail, and shall not be adjourned nor post¬ 
poned until it shall have been completed, and 
the whole number of ballots cast for each per¬ 
son and on each question submitted to the 
voters shall have been publicly announced. 
While being counted, no ballot shall be placed 
nearer than four feet of the guard-rail which 
forms the inclosure in which the counting is 
done, during which time only the aforesaid offi¬ 
cers shall be allowed within said inclosure. 

The check lists and all ballots cast shall be 
preserved, according to existing laws for the 
preservation of ballots. 

Sect. 19. Any voter who declares to the 
moderator, under oath, that he cannot read, or 
that because of his blindness or other physical 
disability he is unable to mark his ballot, shall, 
upon his choice and request, receive the assist¬ 
ance of one or both of the election officers de¬ 
tailed for that purpose by the moderator; ana 
such officer or officers shall certify on the out¬ 
side thereof that it was so marked with his or 
their assistance, and shall thereafter give no 
information regarding the same. 

Sect. 20. A voter who shall, except as 
herein otherwise provided, allow his ballot to 
be seen by any person, with the intention of 
letting it be known how he is about to vote, or 
place a distinguishing mark upon his ballot, or 
shall write any name as the candidate of his 
choice, with the intention of placing thereby a 


28 



distinguishing mark upon his ballot, or who in 
voting shall use or attempt to use any ballot 
not given him by the ballot clerk, in manner 
hereinbefore provided, or who shall make a 
false oath as to his inability to mark his ballot, 
or any person who shall interfere or attempt 
to interfere with any voter when such voter is 
inside the inclosed space, or who shall en¬ 
deavor to induce any voter, before voting, to 
show how he marks or has marked his ballot, 
or otherwise violate any provision of this act, 
shall be punished by fine of not more than 
five hundred dollars or be imprisoned not ex¬ 
ceeding six months; and the election officers 
shall see that the offender is duly brought be¬ 
fore the proper court for trial. 

Sect. 21. Any person who shall falsely 
make or file or willfully deface or destroy 
any certificate of nomination or nomina¬ 
tion paper, or any part thereof, or sign 
any such certificate or paper contrary to 
the provisions of this act, knowing the 
same or any part thereof to be falsely 
made, or suppress any certificate of nomina¬ 
tion or nomination paper, or any part thereof, 
which has been duly filed, or forge or falsely 
make the official indorsement on any ballot, 
or willfully destroy, deface, mark or alter any 
ballot, or shall furnish to any voter a ballot 
with the intent that such voter shall use the 
same in voting instead of the ballot given or 
to be given him by the ballot clerk, as herein 
provided, or shall take or remove any ballot 
outside of the inclosure provided for voting 
before the close of the polls, or willfully delay 
the delivery of any ballots, shall be punished 
by a fine not exceeding five hundred dollars, 
or by imprisonment in the jail for not more 
than six months, or by both such fine and 
imprisonment. 


29 



Sect. 22. Any public officer upon whom 
a duty is imposed by this act, who shall will¬ 
fully neglect to perform such duty, or who 
shall willfully perform it in such a way as to 
hinder the objects of this act, shall be punished 
by a fine of not more than one thousand dol¬ 
lars, or by imprisonment in jail for not more 
than one year, or by both such fine and 
imprisonment. 

Sect. 23. It shall be a misd meanor for 
any person engaged in preparing or printing 
the official ballot to purloin or give away, or 
allow to be removed any of such ballots. A 
voter shall not allow his ballot to be seen or 
examined by any person, except as prescribed 
in this act, nor shall any person interfere 
with any voter when such voter is within the 
inclosed space, or attempt in any manner to 
influence or change his vote. No person shall 
destroy any certificate of nomination or 
nomination paper, or sign any such certificate 
or nomination paper, or sign the name of any 
other person to such certificate or nomination 
paper, except as provided in this act. Who¬ 
ever willfully violates any of the provisions of 
this section shall be fined not exceeding five 
hundred dollars, or be imprisoned not exceed¬ 
ing six months. Any and all fines imposed by 
this section shall be paid to the county in 
which the person is prosecuted. 

Section 35 of chapter 49, Laws of 1891. 
A plurality of votes shall elect representatives 
to the general court, and all city, ward and 
town officers elected under tTie provisions of 
this act. 

Sect. 24. Chapter 33 of the Public 
Statutes, and all acts and parts of acts incon¬ 
sistent with this act, are hereby repealed. 


30 


MISCELLANEOUS PROVISIONS. 


CHAPTER 31—RIGHTS AND QUALIFICA¬ 
TIONS OF VOTERS. 

Section 1. Every male inhabitant of each 
town, being a native or naturalized citizen of 
the United States, of the age of twenty-one 
years and upward, excepting paupers and per¬ 
sons excused from paying taxes at their own 
request, shall have a right, at any meeting, 
to vote in the town in which he dwells and 
has his home. 

Sect. 2. No person shall be considered a 
pauper within the meaning of the preceding 
section unless he has been assisted as such 
within ninety days prior to the meeting in 
which he claims the right to vote. 

Sect. 3. No soldier or sailor who served 
in the late Rebellion and has been honorably 
discharged shall be deprived of his right to 
vote by reason of having received assistance 
from any town or county. 

Sect. 4. No person shall be deprived of his 
right to vote by reason of having been excused 
from paying taxes in any town at his own 
request, if he shall, before he offers to vote, 
tender payment of all taxes assessed against 
him during the year prior to his offer to vote, 
to the moderator, to the collector of taxes, or 
to one of the selectmen, and, at the time he 
offers to vote, present evidence of such tender. 

Sect. 5. No person shall be deprived of 
his right to vote by reason of having received 
assistance from any town or county, for him¬ 
self or family, within ninety days, if he shall 
tender payment as aforesaid of all reasonable 
expenses which such town or county has in- 


31 






Curred for such assistance within said time, 
but, upon making such tender, shall have Ins 
name placed upon the check list, and his vote 
shall be received. 

Sect. 6. Any money received under the 
provisions of the two preceding sections shall 
be paid to the town or county entitled thereto 
by the person receiving the same. 

Sect. 7. No alien not naturalized shall be 
entitled to vote at any town meeting. 

Sect. 8. No person shall be considered as 
dwelling or having his home in any town, for 
the purpose of voting or being voted for at 
any meeting unless he shall have resided 
within such town six months next preceding 
the day of meeting; provided, however, that 
any legal voter moving from one ward to an¬ 
other ward in the same city, or from one city 
or town to another city or town, within six 
months next prior to any election, shall not 
be deprived of the right of voting at such 
election, in the ward, city, or town from 
which he removed, if prior to such removal he 
shall file a declaration in writing with the 
clerk of the city or town from which he is to 
remove, that he intends to vote at such elec¬ 
tion in the ward and city or town from which 
he removed. 

Sect. 9. A residence acquired by any per¬ 
son in any town shall not be interrupted or 
lost by a temporary absence therefrom, with 
the intention of returning thereto as his home. 

Sect. 10. Any person who shall exercise 
the privilege of voting at an election in any 
town within this or any other state shall be 
deemed by that act to have elected such town 
to be his legal residence for the purpose of 
voting, and shall thereafter be disqualified to 
vote in any other town until he shall have 
gained a new residence as hereinbefore pro¬ 
vided. 


32 


CHAPTER 32—SUPERVISORS AND THE 
CHECKLIST. 


Section 1. A board of supervisors of the 
check-list, consisting of three legal voters in 
each town, shall be chosen at each biennial 
election; but no person shall be supervisor and 
selectman at the same time. 

Sect. 2. They shall be sworn before en¬ 
tering upon the discharge of their duties. 

Sect. 3. They shall hold office for two 
years and until others are chosen and qualified 
in their stead. 

Sect. 4. Vacancies in the board may be 
filled by the remaining members; if not filled 
by them seasonably for the performance of the 
duties of the office, or if the whole board shall 
be vacant, the selectmen shall make the ap¬ 
pointments. In all cases appointments shall 
be made in writing and be recorded, and tlie 
appointees shall hold office for the unexpired 
term. 

Sect. 5. The board shall make and post, 
at two or more of the most public places in 
town, a complete alphabetical list of all the 
legal voters in the town, fourteen days before 
the day of any election at which such list is 
to be used. 

(1893, Ch. 80, Sect. 1.) Supervisors of 
the check-list shall prepare and post check¬ 
lists for use at the annual town meetings in 
March, in the same manner as they were re¬ 
quired to do when moderators were chosen at 
such annual town meetings; and all provisions 
of the Public Statutes applicable to the prep 
aration and posting of check-lists for biennial 
elections shall apply to annual town meetings. 

Sect. 6. They shall be in session for the 
correction of the check list, at some suitable 


33 






place in town, two days at least, before the 
day of the election, one of which shall be the 
day next preceding that of election and upon 
which all hearings shall be closed. If the 
town has more than six hundred legal voters, 
the first session shall be upon the Tuesday 
next preceding the day of election, and shall 
be adjourned from day to day until all claims 
have been heard and decided. Notice of the 
day, hour, and place of each session shall be 
given upon the posted check-lists. 

Sect. 7. The supervisors shall hear all 
applications for a correction of the check¬ 
list, and the evidence submitted thereon and 
shall correct it according to their best knowl¬ 
edge, so that it shall contain the names of 
those persons only who are legal voters in the 
town. They may administer oaths to persons 
who appear to testify before them. The quali¬ 
fications of an applicant shall be determined 
by the supervisors, who shall examine him 
under oath relative thereto, and shall, unless 
he is prevented by physical disability, or un¬ 
less he had the right to vote, or was sixty 
years of age or upwards, on the first day of 
January in the year nineteen hundred and 
four, require him to write and to read in such 
manner as to show that he is not being as¬ 
sisted in so doing and is not reciting from 
memory. Supervisors shall be provided by 
the secretary of state with a copy of the con¬ 
stitution of the state printed on uniform 
pasteboard slips, each containing five lines of 
the constitution, printed in double small pica 
type and suitable writing books in which to 
write. The supervisors shall place said slips 
in a box provided by the secretary of state, 
which shall be so constructed as to conceal 
them from view. Each applicant shall be re¬ 
quired to draw one of said slips from the box 


34 


and read aloud the five lines printed thereon 
and to write one line printed on said slip 
and sign his name thereto, in full view and 
hearing of the supervisors. Each slip shall 
be returned to the box immediately after the 
test is finished, and the contents of the box 
shall be shaken up by a supervisor before 
another drawing is made. No person failing 
to read the constitution as printed on the slip 
thus drawn, and to write as aforesaid, shall 
be registered as a voter. The supervisors shall 
keep said slips in said box at all times. The 
secretary of state shall upon request provide 
new slips and writing books to replace those 
used xip, worn out, or lost. 

Sect. 8. If the supervisors at any session 
holden for the correction of the checklist, on 
receiving satisfactory evidence that any per¬ 
son whose name is on the list is not a legal 
voter, shall neglect or refuse to erase such 
name from the list, or shall neglect or refuse 
to insert on the list the name of any person 
who is a legal voter, having satisfactory 
evidence thereof, or shall neglect or refuse to 
hear or examine any evidence offered for such 
purpose in either of the cases aforesaid, or 
shall at any time insert on the list the name 
of any person not a legal voter, knowing such 
to be the case, or shall knowingly erase there¬ 
from or omit to insert the name of any legal 
voter, he shall be fined not more than fifty 
dollars for each offense. 

Sect. 9. On the day of election, before 
opening the meeting, they shall subscribe and 
make oath to the following certificate on the 
back of the check list, as corrected by them: 
We, the supervisors of the check list of the 

town (or ward) of -, do solemnly swear, 

that, according to our best knowledge, the 
within list contains the names of those per- 


35 





sons only who are, by actual residence, legal 
voters in said town (or ward). So help us 
God. 

They shall file a true copy of the corrected 
list, attested by them, with the town clerk. 
Any person who swears falsely in making such 
certificate shall be guilty of perjury. 

Sect. 10. The check list, as corrected by 
the supervisors, shall be open for the ex¬ 
amination of every citizen at all times before 
the opening of the meeting. 

Sect. 11. The check list shall be used in 
the election of moderator and supervisors, ex¬ 
cept moderator pro tempore. 

Sect. 12. All persons whose names are 
entered upon the check list as thus corrected 
shall be deemed to be legal voters in the town; 
and no person whose name is not upon the 
list shall be allowed to vote unless his name 
was left off by mistake, and his right to vote 
was clearly known to the supervisors before 
the check list was originally posted. 

Sect. 13. The supervisors shall be present 
at the opening of each town-meeting at which 
a check list is to be used, and have with them 
the corrected check list for that meeting, and 
shall remain in attendance upon the meeting 
until its close. 

Sect. 14. The check list used at any town 
meeting shall be preserved in the custody of 
the town clerk, for future reference. 

(Chapter 57, Laws of 1901, Sect. 1.) 
Supervisors of towns and corresponding offi¬ 
cers of cities shall, on or before January 1 
succeeding each presidential election hereafter, 
send to the New Hampshire Historical Society 
and to the State Library each a copy of the 
checklist used in said presidential election 
duly and properly certified by such super¬ 
visors. 


36 


(Chapter 127, Laws of 1911.) Section 
1. No supervisor of the check-list shall act 
as moderator, clerk or ballot inspector. 

I 

• I 

CHAPTER 34—CONDUCT OF ELECTIONS. 

Section 1 . A suitable box or boxes shall 
be provided by the selectmen, at the expense 
of the town, in which to receive the ballots of 
the voters. 

Sect. 2. The full Christian and surname of 
every person voted for, with the initial letter 
or letters of the middle name, and the usual 
abbreviations for junior, second, third, and 
the like, shall be written or printed upon 
every ballot. Blank pieces of paper shall not 
be counted as ballots. 

Sect. 3. Each voter shall deliver his ballot 
to the moderator in open meeting, and the 
moderator, on receiving the ballot, shall direct 
the town clerk to check the name of the voter 
on the check-list, and shall, without inspect¬ 
ing the name of any person voted for, examine 

/ 

the ballot so far only as to determine whether 
the same contains more than one ticket; if it 
does not, he shall place the ballot in the ballot- 
box; but if it does he shall make it manifest 
to the meeting and reject the same, unless the 
voter shall correct his ballot. 

Sect. 4. In balloting for state and county 
officers, representative in congress, or electors 
of president and vice-president, the ballots for 
so many of said officers then to be voted for 
as the voters present may direct shall be given 
in on the same ticket, with the respective 
offices designated against the name of each 
person voted for. 

Sect. 5. If several officers are to be voted 
for upon one ticket, no person shall be obliged 


37 


to vote for each. When more than one de¬ 
scription of officers is voted for on the same 
ticket, any ticket which does not contain at 
least one vote for each des3ription of officers 
shall be regarded as a blank as to the descrip¬ 
tion of officers omitted. 

Sect. 6. The moderator shall, in the meet¬ 
ing, in presence of the selectmen and town 
clerk, sort and count the votes, and make a 
public declaration of the whole number of 
tickets given in, with the name of every per¬ 
son voted for, and the number of votes for 
each person; and the town clerk shall make 
a fair record thereof at large in the books of 
the town. 

Sect. 7. The selectmen and town clerk 
shall assist in sorting and counting the votes, 
but no other person shall in any manner in¬ 
terfere therewith. 

Sect. 8. No ballot shall be received and 
counted after the votes have been declared. 

Sect. 9. In determining the result of any 
election, the whole number of persons voting 
for any officer shall be first ascertained by 
counting the whole number of separate tickets 
given in; and no person shall be declared 
elected to any office who shall not have re¬ 
ceived a majority of the whole number of 
tickets given in for such office, except in cases 
in which it is otherwise specially provided. 

Sect. 10. If a number of candidates greater 
than the requisite number shall severally re¬ 
ceive a majority, a number equal to the 
requisite number, having the greatest excess 
over such majority, shall be declared elected. 
But if the number to be elected cannot be 
completed by reason of any two or more can¬ 
didates having received an equal majority, and 
making one or more greater than the requisite 
number, the candidates having such equal 
majority shall be declared not to be elected. 


38 


Sect. 11. The town clerk shall have with 
him, in the meeting, during its continuance, 
all the laws in force relating to the subject of 
elections. 

Sect. 12. The foregoing eleven sections 
shall be applicable so far as they do not con¬ 
flict with the provisions of the preceding 
chapter. 

(Chapter 8, Laws of 1911.) Section 1. 
At all biennial elections in towns the polls 
shall be opened not later than ten o’clock in 
the forenoon and shall not be closed earlier 
than three o’clock in the afternoon. 

PRESERVATION OF BALLOTS. 

Sect. 13. After the ballots given in for 
governor, councilors, senators, electors of 
president and vice-president, representative in 
congress, county officers, and those given in 
for representatives to the general court, at 
the ballotings upon which they were declared 
elected, have been counted and a declaration 
and record of the result made, the moderator, 
in the presence of the selectmen, shall place 
the ballots in a suitable envelope or other 
wrapper, and seal the package in a manner 
best calculated to prevent them from being 
removed or tampered with. The moderator 
and selectmen shall indorse and subscribe 
upon the outside of the package a certificate 
as follows: Inclosed are all the ballots given 

in at the election in the town of - (or, 

Ward -, in the city of -), on the - 

day of -, 18—, required by law to be 

preserved. Sealed up by the moderator in 
the presence of the selectmen. Signatures of 
moderator and selectmen. 

The moderator shall deliver the same to the 
town clerk in the presence of the selectmen 
before the adjournment of the meeting; and 


39 







the town clerk, in their presence, shall make 
thereon and subscribe a minute of the day 
and hour when received. These provisions 
shall not apply to the wards of cities whose 
charters provide a different method for the 
preservation of ballots. 

(1903, Ch. 30, Sect. 1.) Ward and town 
officers whose duties it is to receive and count 
ballots cast at biennial elections for United 
States, state and county officers and for super¬ 
visors of the check list and moderator, shall 
immediately after the ballots are counted and 
sealed, deliver them thus sealed, to the city 
clerk, or town clerk or a representative 
designated by such clerk, who shall without 
breaking the seal or otherwise changing the 
condition of the package deposit the same in 
the office of such city or town clerk, who shall 
keep said ballots for a period of sixty days. 
If any person for whom a ballot was cast and 
recorded at any biennial election shall so re¬ 
quest in writing within said sixty days the 
clerk having the custody of the ballots shall 
forthwith forward them to the secretary of 
state, who shall receive and preserve them un¬ 
til the next succeeding biennial election. All 
ballots remaining in possession of the town or 
city clerk shall be destroyed at the expiration 
of sixty days after an election. 

INSPECTION OF BALLOTS. 

(1897, Ch. 82, Sect. 2.) If any person for 
whom a vote was cast and recorded for any 
office at a biennial election, before the ex¬ 
piration of ninety days, shall apply in writing 
to the secretary of state for an inspection of 
the ballots given in for all persons for such 
office, and state in his application the names 
of the opposing candidates, the secretary of 
state shall appoint a time for the inspection 


40 


not earlier than fifteen days after the receipt 
of the application. Such inspection shall take 
place in the state house, and the secretary 
shall order the applicant to give notice thereof 
by giving to each of the opposing candidates, 
or leaving at his place of abode, a copy of 
the application and order of notice seven days 
at least prior to the day so appointed for in¬ 
spection of the ballots. No other notice shall 
be required. 

(1897, Ch. 82, Sect. 3.) At the time and 
place so appointed and notified, the secretary 
of state shall produce the ballots, and they 
shall be open to the inspection of the candi¬ 
dates and their counsel under such suitable 
rules as the secretary of state shall prescribe. 

(1897, Ch. 82, Sect. 4.) The candidate 
petitioning for an inspection of the ballots 
shall pay the secretary of state a fee of three 
dollars in full for such service. 

Sect. 17. Upon the conclusion of every 
inspection and every examination of ballots, 
the secretary shall place them, and all en¬ 
velopes or wrappers which had previously con¬ 
tained them, in a new envelope or wrapper, 
and seal it, and indorse upon it a certificate 
showing the contents, and the date when and 
the reason why it was opened and examined, 
and shall retain it until the time fixed by law 
for its destruction arrives. 

Sect. 18. Whoever shall willfully violate 
any of the provisions of the five sections next 
preceding shall be fined not exceeding five 
hundred dollars. 

CHAPTER 3 — LEGISLATIVE CONTESTS. 

Sect. 4. Whenever any person intends to 
contest the election of a senator or a repre¬ 
sentative, he shall give to him a notice in 
writing of such contest, with the reasons 


41 


therefor, on or before the fifteenth day of 
December next following the election. 

Sect. 5. In any case of contested elec¬ 
tions, depositions may be taken as in civil 
causes. 

Sect. 6. The magistrate taking depositions 
shall prepare captions therefor, shall seal up 
the same, and shall direct and transmit the 
package to the clerk of the senate or house, 
as the case may be, with a superscription stat¬ 
ing the session at which and the case in which 
the depositions are to be used. 

Sect. 7. In a contested election case the 
contestants shall not be entitled to a hearing 
unless their remonstrance or petition shall be 
presented to the senate or house before the 
second Wednesday of the first session thereof; 
but, for good cause shown, the senate or house 
may thereafter entertain the same. 

Sect. 8. Neither party shall be entitled to 
have any evidence considered before the com¬ 
mittee which is not in readiness to be sub¬ 
mitted before the third Wednesday of the first 
session of the legislature; but, for good cause 
shown, such committee may receive and con¬ 
sider evidence subsequently offered. 

Sect. 9. The party failing to sustain his 
right to a seat shall not be entitled to any 
compensation for his services, or for any ex¬ 
penses he may have incurred in the contest 
therefor; nor shall the contestants be entitled 
to any remuneration unless successful. 

CHAPTER 37—ELECTION OF ELECTORS 
OF PRESIDENT AND VICE-PRESIDENT. 

Section 1 . Meetings for the choice of 
electors of president and vice-president shall 
be holden on the Tuesday next following the 
first Monday in November, in every fourth 
year, dating from the year eighteen hundred 
and eighty. 


42 


Sect. 2. The returns of votes for electors 
shall be made out, signed, certified, sealed, 
and directed, in the manner provided for the 
returns of votes for senator; and the town 
clerk shall transmit the same to the office of 
the secretary of state within five days from the 
date of such election. 

Sect. 3. The secretary by whom such re¬ 
turns of votes shall be received shall forward 
by mail to the town clerks receipts therefor. 

Sect. 4. The secretary shall, on the day 
following the last Wednesday but one or 
November, lay the returns of votes for electors 
of president and vice-president before the gov¬ 
ernor and council, to be by them examined 
and counted. The requisite number of persons 
who shall have the largest number of votes 
returned shall be declared duly chosen electors. 

Sect. 5. The governor shall cause the sev¬ 
eral persons who may be chosen electors to be 
notified forthwith of their election, and request 
their attendance at the state house in Concord 
on the day fixed by the congress of the United 
States [second Monday in January] as the 
day on which electors shall give their votes 
for president and vice-president. 

Sect. 6. The electors chosen shall meet at 
the state house in Concord on the day so fixed, 
and, by twelve o’clock at midday, give notice 
to the governor and council of the number of 
electors present who accept the office. 

Sect. 7. If the requisite number of electors 
are not present or do not accept, or if the 
requisite number of electors shall not be 
chosen by reason of two or more persons hav¬ 
ing an equal number of votes, the electors 
present who do accept, in presence of the 
governor and council, shall forthwith choose 
by ballot the number wanting to complete the 
board. 

Sect. 8. The electors shall give their votes 
43 


for president and vice-president of the United 
States, at Concord, on said day, and shall pro¬ 
ceed therein according to law. 

Sect. 9. They shall each receive three dol¬ 
lars a day during their session, and ten cents 
a mile for their travel to and from their place 
of meeting, and shall be allowed a reasonable 
sum, not to exceed twenty-five dollars, to pay 
for the services of a secretary. 

CHAPTER 35—ELECTION OF GOVERNOR, 
COUNCILORS, AND SENATORS. 

Section 1. The meetings in the several 
towns, for the election of governor, councilors, 
and senators, shall be holden on the Tuesday 
next following the first Monday in November, 
biennially, and at no other time, dating from 
the year eighteen hundred and seventy-eight. 

Sect. 2. The town clerk shall make out a 
fair and exact copy of the record of all votes 
given in at any such meeting for governor, 
councilor, and senator upon distinct and sepa¬ 
rate pieces of paper; shall certify upon each 
copy that the same is a true copy of the 
record, seal such copies in separate packages, 
and, on or before the twentieth day of the 
same November, shall direct and forward the 
same to the secretary of state, with a super¬ 
scription upon each expressing the purport 
thereof. 

(1897, Ch. 24, Sect. 1.) The town and 
ward clerks of the several towns and wards 
in this state shall make a true and certified 
copy of the record of the votes given in at 
any election of electors of president and vice- 
president of the United States, representative 
in congress, governor, councilor, senator, and 
representative to the general court, and shall 
forward the same, in sealed packages, to the 
secretary of state within five days from the 


44 



date of such election. Section 2 of chapter 
37, sections 4 and 7 of chapter 36, section 2 
of chapter 35, and section 2 of chapter 38 of 
the Public Statutes are hereby amended in ac¬ 
cordance with the terms of this act. 

Sect. 3. The secretary, upon the receipt of 
any such copy, shall forward by mail to the 
town clerk a receipt therefor. 

Sect. 4. Whenever any return of votes 
shall not have been received at the office of 
the secretary within the time prescribed by 
law, it shall be his duty immediately to notify 
the clerk of the town from which such return 
has not been received. Thereupon it shall be 
the duty of the delinquent town clerk forth¬ 
with to forward such return. 

CHAPTER 36—ELECTION OF REPRE¬ 

SENTATIVES IN CONGRESS. 

Section 1 . The state is divided into two 
districts for the purpose of choosing repre¬ 
sentatives in the congress of the United States, 
and each district is entitled to elect one repre¬ 
sentative. 

Sect. 3. Meetings for the choice of repre¬ 
sentatives in congress shall be holden in each 
district on the Tuesday next following the 
first Monday in November, biennially dating 
from the year eighteen hundred and seventy- 
eight. 

Sect. 4. The meetings in the several towns 
in each district shall be warned and governed, 
and the returns of votes for representatives 
shall be made out, signed, certified, sealed, 
directed, transmitted, receipted for, examined, 
and counted, at the same time and in the same 
manner as provided for the return of votes 
for senators. 

Sect. 5. Upon such examination and 
count, the person having the largest number 


45 



of votes returned in any district shall be de¬ 
clared duly elected; and the governor shall 
forthwith transmit to the person so elected a 
certificate of such election, under the seal of 
the state, signed by himself and countersigned 
by the secretary. 

Sect. 6. If two or more persons, at any 
election of representatives to congress, shall, in 
any district, receive the largest and an equal 
number of votes, so that no choice is made, 
the governor, Avith advice of the council, shall 
cause precepts to be issued to the selectmen 
of the several toAvns within such district for 
another election, requiring them to Avarn meet¬ 
ings to be holden at the time specified in such 
precepts for the choice of a representative. 

Sect. 7. The votes gh r en at any such meet¬ 
ing shall be received, sorted, counted, declared, 
recorded, and certified, and the returns thereof 
made out, signed, certified, sealed, and 
directed, in the manner hereinbefore pre¬ 
scribed ; and the clerk shall transmit the same 
to the office of the secretary of state within 
five days after such meeting. 

Sect. 8. The secretary, as soon as may be, 
shall lay all such returns before the governoi 
and council, and the votes shall be examined 
and counted, and the election of the person 
having the largest number of votes declared 
and certified, and the certificate thereof made 
out and transmitted in the manner herein¬ 
before directed. 

Sect. 9. If upon such second balloting 
two or more persons shall have the largest 
and an equal number of votes in any district, 
so that no choice is made therein, the gov¬ 
ernor, with advice of the council, shall forth¬ 
with cause new precepts to be issued as afore¬ 
said, directing another meeting to be warned 
and holden to fill such vacancy; and the same 
proceedings shall be again had as are herein- 


46 



before provided; and so from time to time, so 
long as may be necessary, until some one 
shall have the largest number of votes. 

Sect. 10. If any vacancy in the repre¬ 
sentation in congress shall occur by death, 
resignation, or otherwise, the governor, with 
advice of the council, shall forthwith cause 
precepts to be issued to the selectmen of the 
towns within the district where the vacancy 
exists, for an election to till such vacancy; 
and similar proceedings in all respects shall be 
had therein as are provided in the preceding 
sections of this chapter; and the ballotings in 
such districts shall be continued until some 
person shall have the largest number of votes 
given in and returned. 

CHAPTER 25—ELECTION OF COUNTY 
OFFICERS. 

Section 1 . There shall be chosen at each 
biennial election, by ballot, by the inhabitants 
of the several towns in each county qualified 
to vote for senators, a sheriff, a county solici¬ 
tor, a county treasurer, a register of deeds, a 
register of probate, and three county com¬ 
missioners, each of whom shall take his office 
on the first day of the April next succeeding 
his election, and shall hold the same for two 
years and until his successor is chosen and 
qualified. 

Sect. 2. No person is eligible to the office 
of sheriff, county solicitor, county treasurer, 
register of deeds, register of probate, county 
commissioner, or clerk of court, unless he is a 
resident of the county for which he is chosen. 
No person shall hold two of said offices at tn«* 
same time, and the acceptance of one of them 
shall be a resignation of the others. 

Sect. 3. (1897, Ch. 24, Sect. 2.) The 

town and ward clerks of the several towns and 


47 



wards of this state shall make a true and 
certified copy of the record of the votes given 
in at any election of county officers, and shall 
forward the same in sealed packages to the 
clerk of the supreme court of the county 
within five days from the date of such election. 
Section 4 of chapter 25 of the Public Statutes 
is hereby amended in accordance with the 
terms of this act. 

Sect. 4. The town clerk shall put upon the 
outside of the sealed package containing the 
returns a superscription stating the nature of 
its contents, and send it to the clerk of the 
supreme court of the county on or before the 
thirtieth day of the same November. 

Sect. 5. The several clerks of court shall 
have the returns present at the law term of 
the supreme court holden on the first Tuesday 
of December next following. The court shall 
examine, record, and count the same; and the 
person who has received the highest number 
of votes for each office shall be declared 
elected. 

Sect. 6. If the candidates for either of 
such offices having the highest number of votes 
shall have an equal number, the court shall 
appoint one of the candidates to fill the office, 
who shall be declared duly elected. 

(1893, Ch. 66, Sect. 1.) The supreme 
court at any trial term, or any justice thereof 
in vacation, may, on the application or peti¬ 
tion of any candidate interested in a contest 
for any county office, find the facts relating to 
such contested election as well before the term 
of such office begins as after; and any ques¬ 
tion of law arising upon the facts thus found 
may be heard at any regular, adjourned, or 
special law term of the court, as the court 
shall direct; and the court shall issue a cer¬ 
tificate of election to the candidate who is 
found by the court on such proceeding to be 


4.8 


elected, and the person receiving such cer¬ 
tificate shall assume and discharge the duties 
of the office. 

CHAPTER 38—ELECTION OF REPRE¬ 

SENTATIVES TO THE GENERAL 
COURT. 

Section 1 . Towns entitled to elect repre¬ 
sentatives to the general court may elect them 
at the biennial election holden on the Tues¬ 
day next following the first Monday of Novem¬ 
ber, biennially, dating from the year eighteen 
hundred and seventy-eight, and if the election' 
of the requisite number shall not be effected 
on that day, the meeting may be adjourned to, 
and the election of the number deficient be 
made on, the following day, but not after¬ 
wards. 

Sect. 2. Certificates of election shall be 
made in duplicate, certified and signed in the 
same manner as the returns of votes for gov¬ 
ernor; one of them shall be delivered to the 
representative-elect, and the other shall be for¬ 
warded to the secretary of state within five 
days after the day on which the election is 
held, and the town clerk shall also certify that 
the check-list was duly posted and used dur¬ 
ing the balloting on which such representa¬ 
tive was chosen, and to the number of voters 
whose names were upon the check-list as cor¬ 
rected on the day of such meeting. 

Sect. 6. Whenever a vacancy shall exist 
in the representation of any town in the gen¬ 
eral court by reason of the death, resignation, 
or removal from town of the person who shall 
have been elected as such representative, the 
selectmen shall, without unnecessary delay, 
call a meeting of all persons in such town 
qualified to vote in the election of senators, at 
which a representative shall be elected as 
provided in article fifteen of the constitution. 


49 


Sect. 7. In case any town or any ward 
of a city in this state shall elect and send to 
the general court a representative when not 
authorized by law to do so, such town, or the 
city in which such ward is situated, shall for¬ 
feit and pay a fine of one thousand dollars, to 
bo recovered by indictment for the use of the 
county in which such town or city is situated. 
The amount of any fine and costs paid by any 
city under the provisions of this section shall 
be assessed upon the property and inhabitants 
of the ward so electing and sending such 
representative. 

CHAPTER 4. 

Section 1. No person shall be eligible for 
election to any office of the legislature who has 
not been an inhabitant of the state for one 
year, at least, prior to such election. 

Sect. 2. If any officer of the legislature re¬ 
moves from the state, the office shall there¬ 
upon become vacant. 

Sect. 16. If a person shall attend a ses¬ 
sion of the legislature and vote therein as a 
representative from any town or city, know¬ 
ing that, by reason of want of the requisite 
number of inhabitants in said town or in the 
ward of the city whLh he represents, he is 
not lawfully entitled to a seat in the house of 
representatives, or that he was not legally 
elected a representative of such town or ward, 
he shall be fined not exceeding two thousand 
dollars, or be imprisoned not exceeding two 
years. 

CHAPTER 39—GENERAL PROVISIONS— 
PURITY OF ELECTIONS. 

Section 1. If any town clerk shall neglect 
to make any return of votes for governor, 
councilor, senator, representative in congress, 
electors of president and vice-president, regis- 


50 


ter of deeds, county treasurer, county com¬ 
missioner, supervisors, or moderator, or other 
state, town, or county officer, he shall be fined 
not exceeding five hundred dollars. 

Sect. 2. The secretary of state or clerk of 
court, as the case may be, shall, within thirty 
days after any default in the return of votes, 
certify the same to the solicitor of the county, 
which certificate shall be prima facie evidence 
of such default; and the solicitor shall prose¬ 
cute every person guilty of such default. 

Sect. 3. If the clerk of any town shall 
make an incorrect or insufficient record or re¬ 
turn of the votes given therein at any meeting 
for any officer, the officers by whom the votes 
are opened and counted may require such 
clerk, at his own expense, to come in and 
amend his record or return, according to the 
facts of the case. 

Sect. 4. If any clerk shall neglect or re¬ 
fuse to appear and amend, he shall be fined 
not exceeding five hundred dollars. 

Sect. 5. If the clerk of any town or place 
shall willfully and corruptly make a false 
record of any vote or other proceeding of any 
legal town meeting, or any false copy of any 
record, or any false certificate or return of 
votes, he shall be imprisoned not exceeding 
five years. 

Sect. 6. If any person shall be guilty of 
an offense against any provision of the laws 
relating to elections for which no penalty is 
specified, he shall be fined not exceeding thirty 
dollars. 

Sect. 7. If any person shall willfully as¬ 
sault a town, city, or ward officer in the dis¬ 
charge of any duty of his office at any elec¬ 
tion, or take away, injure, or destroy the bal¬ 
lot box or check-list when in use at any 
election, he shall be fined not exceeding three 


51 


hundred dollars, or be imprisoned not exceed¬ 
ing three years. 

Sect. 8. If any person, at a meeting for 
the choice of officers, shall give in more than 
one vote for any officer voted for at such meet¬ 
ing; or if any person under the age of twenty- 
one years, or an alien not naturalized, or any 
person who is not a legal voter, shall give in 
a vote for any officer at such meeting; or if 
any person, being under examination as to his 
qualifications as a voter before the board of 
supervisors, shall give any false name or an¬ 
swer,—he shall be fined not exceeding thirty 
dollars for each offense, or be imprisoned not 
exceeding three months. 

Sect. 9. If any moderator, supervisor, or 
selectman, at any meeting, shall fraudulently 
receive and count any illegal vote, omit to re¬ 
ceive and count any legal vote, or shall fraud¬ 
ulently embezzle any vote from the number of 
legal votes cast, or add any vote thereto, or 
shall receive or count any vote given at such 
meeting by proxy, and without the personal 
delivery of such vote by the person entitled to 
give the same, or shall fraudulently declare 
the state of the vote in the election of any 
officer, he shall, for each offense, be fined not 
exceeding five hundred dollars, or be im¬ 
prisoned not exceeding one year, or both. 

Sect. 10. If any person shall directly or 
indirectly give spirituous liquor to a voter, 
at any time, with a view to influence any 
election, or as a treat for his vote, or for the 
honors bestowed on any candidate at sucn 
election, he shall be fined not exceeding twenty 
dollars for each offense. 

Sect. 11. If any person shall directly or 
indirectly hire, procure, induce, or in any way 
influence or attempt to hire, procure, induce, 
or in any way influence, by payment, 
promises, offers of emolument, offers of re- 


52 


ward of any kind, loans of money or other 
thing, threats or intimidations, any voter to 
stay away from any town meeting, or to avoid 
voting at any town meeting or to vote at any 
town meeting for or against any particular 
ticket or candidate for office, or to ask, in 
order to disqualify himself from voting at any 
election, the abatement of his taxes, or to be 
excused from paying taxes, such person shall 
be fined not exceeding five hundred dollars, or 
be imprisoned not exceeding three months. 

Sect. 12. If any person shall directly or 
indirectly contribute or furnish, or promise to 
contribute or furnish, any money, goods, chat¬ 
tels, or other thing whatsoever to be used to 
induce any voter to stay away from any town 
meeting, or to avoid voting at any town 
meeting, or to vote at any town meeting for 
or against any particular ticket or candidate 
for office, or to ask, in order to disqualify 
himself from voting at any election, the abate¬ 
ment of his taxes, or-to be excused from pay¬ 
ing taxes, such person shall be fined not ex¬ 
ceeding five hundred dollars, or be imprisoned 
not exceeding three months. 

Sect. 13. One half of the fines imposed 
for the violation of the provisions of the two 
preceding sections shall go to the prosecutor, 
and the other half to the county. 

Sect. 14. Any person who shall without 
authority, sign the name of any other person 
to any letter or other document, or falsely rep¬ 
resent that any other person has written such 
letter or document, knowing such representa¬ 
tion to be false, for the purpose of influencing 
votes, shall be fined not exceeding one thou¬ 
sand dollars, or be imprisoned not exceeding 
one year. 

Sect. 15. Any person publishing any such 
forged letter or document, knowing the same 


53 


to be forged, with like intent, shall be fined 
not exceeding one thousand dollars. 

Sect. 16. Any voter, at any town-meeting, 
may challenge any other voter offering to vote 
at such meeting, and the moderator shall not 
receive the vote of the person so challenged 
until he shall subscribe, make, and tender to 
the town clerk or moderator an affidavit in 

form and substance as follows: I,-, 

solemnly swear that I have not, directly or in¬ 
directly, hired, procured, induced, or in any 
way influenced, or attempted to hire, procure, 
induce, or in any way influence, by payment, 
promises, offers of emolument, offers of re¬ 
ward of any kind, loans of money or other 
thing, threats, or intimidation, any voter to 
stay away from this town-meeting, or to avoid 
voting at this town-meeting, or to vote at this 
town meeting for or against any particular 
ticket or candidate for office, or to ask, in 
order to disqualify himself from voting at this 
town meeting, abatement of his taxes, or to be 
excused from paying bis taxes; nor have I, 
directly or indirectly, contributed or furnished, 
or promised to contribute or furnish, any 
money, goods, or chattels, or any other thing 
whatsoever, to be used to induce any voter to 
stay away from this town meeting, or to avoid 
voting at this town meeting, or to vote at this 
town meeting for or against any particular 
ticket or candidate for office, or to ask, in 
order to disqualify himself from voting at this 
town meeting the abatement of his taxes, or 
to be excused from paying taxes; nor have I, 
either directly or indirectly, been hired or 
procured, or in any way influenced, by pay¬ 
ment, promises, offers of emolument, offers of 
reward of any kind, loans of money or other 
things, threats, or intimidation, to vote at this 
town meeting for or against any particular 
ticket or candidate for office; but the vote I 


54 



now offer to cast, and the votes I propose to 
offer to cast, at this town meeting, are in 
accordance with my solemn convictions of duty 
to my country, uninfluenced by any payment, 
promises, offers of emolument, offers of re¬ 
ward of any kind, loans of money or other 
thing, threats, or intimidation whatsoever. So 
help me God. 

Sect. 17. In case any voter so challenged 
shall not make and subscribe such affidavit, he 
shall be denied the right of voting at such 
town meeting, and any moderator who shall 
receive the vote of a voter so challenged and 
not making and subscribing such affidavit, 
shall be fined not exceeding one hundred 
dollars. 

Sect. 18. The affidavit may be sworn to 
before any person authorized by law to ad¬ 
minister oaths, or before the moderator, town 
clerk, or any one of the selectmen or super¬ 
visors. Any person who shall swear falsely in 
making such affidavit shall be deemed guilty 
of perjury, and be punished accordingly. 

Sect. 19. The town clerk of each town 
shall have with him, at every town meeting, 
blanks for making affidavits as required by 
section sixteen of this chapter, and shall fur¬ 
nish the same to any voter on request there¬ 
for. He shall record in the record of the 
meeting the names of all voters making such 
affidavits, and shall keep the affidavits on file. 

Sect. 20. On the day of any town or 
ward meeting, or within thirty days there¬ 
after, any five voters may make written com¬ 
plaint to any justice of the peace, or police 
judge, stating only that in their belief the law 
against bribery in elections has been violated 
in connection with such town or ward meet¬ 
ing, and asking for an inquiry corfcerning 
such violation, and naming the witnesses 
whom they desire to have examined, and there- 


Upon such justice or judge shall immediately 
proceed to make such inquiry; and for that 
purpose he may issue his subpoena, or com¬ 
pulsory process, if necessary, to the witnesses 
named, and to any others, and may examine 
them in the same manner as he might upon 
a complaint in a criminal proceeding before 
him; and the powers, duties, and liabilities of 
the justice, judge, and witnesses shall be the 
same as in such case. 

Sect. 21. Such justice or judge may allow 
the complainants, or either of them, or any 
person who may seem to be accused, to appear 
before him, personally or by counsel, and to 
interrogate the witnesses; and he shall take 
brief notes of the testimony, and may also, if 
he shall deem it necessary, reduce the testi¬ 
mony of any witness to writing, and cause 
him to sign the same, and shall close the in¬ 
quiry within thirty days from the date of the 
complaint, and make a record of the proceed¬ 
ings, and shall transmit such record, and the 
testimony so taken by him, at once to the 
solicitor of the county. 

Sect. 22. If any such inquiry shall dis¬ 
close any violation of sections eleven and 
twelve of this chapter it shall be the duty of 
the solicitor to cause due complaint to be 
made, and the person offending to be appre¬ 
hended and committed to jail, or bound over, 
with sufficient sureties, to the next term of the 
supreme court. 

Sect. 23. It shall be the duty of the 
selectmen to post or cause to be posted, in 
some conspicuous place where the town meet¬ 
ing is held, a copy of sections sixteen iu 
twenty-three, inclusive, of this chapter. 

Sect. 24. The Tuesday next following the 
first Mtfnday of November in the year eighteen 
hundred and ninety-two and in every alternate 
year thereafter, being biennial election days, 
shall be holidays. 


56 


CHAPTER 99, LAWS OF 1911. 

An Act to prohibit Bribery at Elections and 
to Exclude Persons Convicted thereof from 
Holding Civil Office and from Exercising 
the Right of Suffrage. 

Section 1 . Any person guilty of offering, 
giving, or accepting a bribe, or of aiding or 
abetting bribery, or of attempting or conspir¬ 
ing to bribe, with intent to influence the vote 
of any person at any election, caucus, conven¬ 
tion, or primary election shall be deemed 
guilty of a misdemeanor, and upon conviction 
shall be fined not more than five hundred nor 
less than one hundred dollars and be im¬ 
prisoned in the county jail not less than thirty 
nor more than ninety days, for each offense. 

Sect. 2. Any person convicted under the 
provisions of the foregoing section shall there¬ 
after be forever disqualified from holding any 
civil office in this state and from exercising 
the right of suffrage for a period of five years. 

Sect. 3. No witness in any proceeding 
under this act or in any proceeding for viola¬ 
tion of the election laws shall be excused from 
giving his testimony upon the ground that such 
testimony would incriminate him, but no such 
testimony shall be used against such witness 
at any time or in any prosecution. And any 
person who voluntarily discloses the facts to 
the proper authorities, and procures a con¬ 
viction in any such proceeding, shall not be 
prosecuted for his connection with the bribery 
or attempted bribery. 

Sect. 4. All acts and parts of acts, so far 
as they are inconsistent herewith, are hereby 
repealed, and this act shall take effect upon 
its passage. 

Approved April 6, 1911. 


57 


CHAPTER 41—WARNING TOWN 
MEETINGS. 


Section 1. A meeting of every town shall 
be holden annually on the second Tuesday of 
March for the choice of town officers and the 
transaction of all other town business. A 
town meeting may be warned by the select¬ 
men, when, in their opinion, there shall be 
occasion therefor. 

Sect. 2. The warrant for any town meet¬ 
ing shall be under the hands of the selectmen, 
and shall prescribe the place, day and hour of 
the meeting. The subject-matter of all busi¬ 
ness to be there acted upon shall be distinctly 
stated in the warrant, and nothing done at 
any meeting, except the election of any town 
officer required by law to be made at such 
meeting, shall be valid unless the subject 
thereof is so stated. 

Sect. 3. The selectmen, upon the written 
application of ten or more voters, or one sixth 
of the voters in town, shall insert in their 
warrant for the biennial, annual, or any 
other meeting, any subject specified in such 
application, or shall warn a meeting therefor, 
if requested in such application. 

Sect. 4. The selectmen may address their 
warrant to the inhabitants of the town quali¬ 
fied to vote in town affairs, in which case they 
shall post an attested copy of such warrant at 
the place of meeting, and a like copy at one 
other public place in the town, fourteen days 
before the day of meeting. 

Sect. 5. Warrants for town meetings may 
be directed to a constable of the town, requir¬ 
ing him to notify the inhabitants; and such 
constable shall post an attested copy of such 
warrant, as provided in the preceding section. 

Sect. 6. Any town may, by vote, prescribe 
a different method of warning meetings; and 


58 


the meetings warned in pursuance of such 
vote shall be legal and valid. 

Sect. 7. The selectmen or the constable 
serving any warrant shall return the same, at 
the time and place of meeting, with a certifi¬ 
cate of the service thereof, to the town clerk; 
or, in his absence, to one of the supervisors. 

Sect. 8. In case of the death or removal 
of any of the selectmen of a town, the major 
part of those who remain in office shall have 
power to warn meetings. 

Sect. 9. If the selectmen unreasonably 
neglect or refuse to warn a meeting, or to in¬ 
sert any article in their warrant, a justice of 
the peace, upon application in writing of ten 
or more voters, or of one-sixth part of the 
voters of such town, may issue a warrant for 
such meeting. 

Sect. 10. If the biennial or annual meet¬ 
ing in any town shall not have been held, or 
if there has never been any legal meeting of 
the town, or if, by reason of death, removal 
from the town, disability, or resignation of the 
board of selectmen, no member of the board 
remains in office, a justice of the peace, on 
application of ten voters, or of one-sixth part 
of the voters of the town, may issue a warrant 
for such meeting. 

Sect. 11. The warrant of a justice of the 
peace for a town meeting shall be under his 
hand, directed to a constable of the town, if 
any there be, otherwise to one of the voters 
applying; shall specify the time, place, and 
object of such meeting, and shall be served 
and returned in the same manner as warrants 
issued by selectmen. 

Sect. 12. If selectmen neglect to issue a 
warrant for the holding of any meeting for the 
choice of state, county, or town officers, 
electors of president and vice-president of the 
United States, and representatives in congress, 


59 


or neglect to cause copies of such warrant, if 
not directed to a constable, to be duly posted, 
or notice of such meeting to be given, agree¬ 
ably to any vote of the town, they shall for 
each offense be fined fifty dollars, for the use 
of the town. 

CHAPTER 42—GOVERNMENT OF TOWN 
MEETINGS. 

Section 1 . At the biennial election to be 
holden in November, eighteen hundred and 
ninety-two, and at every biennial election 
thereafter, a moderator shall be chosen by 
ballot, by a plurality of votes, who shall hold 
office from the close of the meeting at which 
he is chosen until the close of the meeting at 
the next succeeding biennial election. 

(1903, Ch. 64, Sect. 2.) In case of vacancy 
in the office, a moderator shall be appointed 
by the board of supervisors of check-lists of 
said town or ward where such board exists 
or by the selectmen of said town or ward 
where there is no board of supervisors of 
checklists. 

Sect. 3. If the moderator is absent from 
any meeting or be unable to perform his duties 
a moderator pro tempore shall be appointed as 
provided in section 2. 

Sect. 4. Whenever there is a vacancy in 
the office, or the moderator is absent from a 
meeting, or is unable to perform his duties, 
the chairman of the board of supervisors, or, 
in his absence, one of the other members ot 
the board, in the order of their election, or, 
if no supervisor is present, the town clerk 
shall preside until a moderator is chosen and 
shall have the powers and perform the duties 
of moderator. 

Sect. 5. The moderator shall preside in the 
town meetings, regulate the business thereof, 
decide questions of order, and make a public 

60 


declaration of every vote passed, and may 
prescribe rules of proceeding, but such rules 
may be altered by the town. 

Sect. 6. When any vote, other than by 
ballot, declared by the moderator or other offi¬ 
cer presiding, shall immediately, and before 
any other business is begun, be questioned by 
seven or more of the voters present, the 
moderator or other officer presiding shall make 
the vote certain by a poll of the voters. 

Sect. 7. If any moderator or other officer 
presiding shall wilfully neglect or refuse to 
make any vote certain by a poll of the voters, 
when required as aforesaid, or shall wilfully 
violate or neglect to enforce any rule of pro¬ 
ceeding which shall have been established by 
vote of the town or otherwise, he shall, for 
each offense, be fined not exceeding five hun¬ 
dred dollars, or be imprisoned not exceeding 
six months. 

CHAPTER 43—TOWN OFFICERS. 

Section 1. Every town, at the annual 
meeting, shall choose by ballot and by major 
vote, a town clerk, who shall record all votes 
passed by the town while he remains in office, 
and discharge all the duties of the office ac¬ 
cording to law. 

Sect. 5. Every town at the annual meet¬ 
ing, shall choose, by ballot and by major vote, 
three selectmen, who shall manage the pru¬ 
dential affairs of the town and perform the 
duties by law prescribed. A majority of the 
selectmen shall be competent to act in all 
cases. 

Sect. 6. Any town may choose assessors, 
by ballot and by major vote, who shall con¬ 
stitute, with the selectmen, a joint board for 
the assessment of taxes; and all questions 
arising at such board shall be decided by 
major vote of the members thereof. 

61 


Sect. 17. Every town, at the annual meet¬ 
ing, shall choose a treasurer by ballot and by 
major vote. 

CHAPTER 46—CITY AND WARD 
OFFICERS. 

Section 4. Each ward into which a city 
may be divided by law, or in pursuance of 
law, shall be a town "for the purpose of the 
election of governor, councilor, senator, rep¬ 
resentative to the general court, all county 
officers, representative in congress, and electors 
of president and vice-president of the United 
States, and in all matters relating to jurors. 

Sect. 5. The qualifications of* voters in 
such wards shall be the same as in towns, 
and check lists of voters shall be prepared and 
used in all elections there, as in towns. 

Sect. 8. In all elections by the voters in 
their wards, the polls shall be opened at nine 
o’clock in the forenoon of the day of election, 
and shall be kept open until three o’clock and 
not later than six o’clock in the afternoon, as 
the meeting shall direct, and but one balloting 
shall be had during the day for each officer 
to be voted for; but this section shall not ap¬ 
ply to special elections, called to fill vacancies 
in any ward office. 

Sect. 9. In all elections of city and ward 
officers, the person having the highest number 
of votes for any office shall be elected; and if 
a number of persons greater than the number 
to be chosen shall severally receive the largest 
and an equal number of votes, so that no 
choice is made, the balloting shall be continued 
till the requisite number of persons shall be 
chosen; but no balloting shall be begun be¬ 
tween sunset and sunrise. 

Sect. 10. The ward clerk shall record the 
votes and proceedings of all ward meetings, 

62 


shall enter upon the record the names of all 
persons voted for, and the number of votes 
given for each, in words, at length; and shall, 
within seven days after any meeting of the 
ward, deliver to the clerk of the city in which 
the ward is situated a certified copy of the 
record of the meeting, which copy shall be 
preserved as a part of the records of the city. 
He shall receive for such copy the sum of one 
dollar. 


CHAPTER 47. 

Section 1. The qualified voters in each 
ward, at the meeting for the choice of city 
and ward officers, shall give in to the mod¬ 
erator their votes for a mayor of the city, 
which shall be received, sorted, counted, and 
declared, and a record thereof made in the 
same manner as votes for senators; and a 
copy of the record, certified by the moderator, 
a majority of the selectmen, and the ward 
clerk, shall be delivered by the ward clerk to 
the city clerk within twenty-four hours after 
the meeting. 

CHAPTER 48. 

Section 1. There shall be chosen in each 
ward, at the regular meeting thereof, by ballot 
and by plurality of votes, so many aldermen 
and common councilmen as shall be authorized 
by law or ordinance. If the choice of aider- 
men, common councilmen, and ward officers 
cannot be conveniently completed on that day, 
the meeting may be adjourned from day to day 
to complete the choice. 

Sect. 2. The clerk shall, within twenty- 
four hours after such choice, deliver to each 
person chosen alderman or common council¬ 
man a certified copy of the record of his 
election, signed by himself, the moderator, and 
a majority of the selectmen. 


63 


CHAPTER 238—NATURALIZATION. 


Section 1. The superior court shall have 
and entertain jurisdiction of applications and 
other proceedings for the naturalization of 
aliens under any of the acts of congress in 
relation thereto. 

VOTE ON LICENSE. 

LAWS OF 1903, CHAPTER 95. 

Section 31. From and after the third 
Tuesday of May, 1903, it shall be lawful to 
engage in the traffic in liquor, under the terms 
of this act, in all cities and towns in the state 
as shall have accepted by a majority vote of 
its legal voters present and voting the provi¬ 
sions of this act as herein provided. The offi¬ 
cers of every city or town whose duty it is to 
call a special meeting of the legal voters of 
their respective cities or towns shall call a 
meeting according to the statutes made and 
provided, on the second Tuesday of May next, 
at which special meeting and at each biennial 
election thereafter in November in the towns 
and in the cities at the biennial election in 
1906 and evei*y fourth year thereafter the 
sense of the voters shall bo taken by secret 
ballot upon the following question: “Shall 
licenses for the sale of liquor be granted in 
this city or town under the provisions of ‘An 
act to regulate the traffic in intoxicating liquor’ 
passed at the January session of the general 
court, 1903 ?” If a majority of the qualified 
voters in any city or town present and voting 
at said town or city election, shall vote in the 
affirmative on said question, the clerk of the 
city or town shall immediately certify that fact 
to the state board of license commissioners, 
who shall forthwith issue licenses under the 
provisions of this act to be exercised in such 
city or town. In case a majority of the qual- 
64 


ified voters of a city or town present and vot¬ 
ing at such elections shall vote in the negative 
on said question the clerk of the city or town 
shall immediately certify that fact to the state 
board of license commissioners and in such 
city or town the provisions of chapter 112, 
Public Statutes, and all amendments thereto 
shall remain in full force and effect. Except 
that the state board of license commissioners 
may issue licenses of the first, fifth and sixth 
classes in their discretion to be exercised in 
such city or town under the provisions of this 
act. On petition of ten or more legal voters 
in any city or town, presented to the secretary 
of state within sixty days from the date of 
said election, said secretary of state shall make 
an order on said petition, fixing the time and 
place for a recount of the vote on the license 
question, as prayed for in said petition, and 
directing the petitioners to cause said petition 
and order thereon to be published in some 
newspaper published in the town or city, (if 
there be one,) seven days at least before the 
day of hearing, and if no newspaper be pub-* 
lished in said city or town, then to. cause 
copies of said petition and order to be posted 
in six public places in said city or town, at 
least seven days before said date of recount; 
and on the day and at the time set said secre¬ 
tary of state shall publicly recount said license 
vote, and shall certify the state of the vote as 
shown by the recount, forthwith to the state 
board of license commissioners. 

CHAPTER 106, LAWS OF 1911. 

An Act in relation to Political Advertising 

in Newspapers. 

Section 1. No person shall publish or 
cause to be published in a newspaper or other 
periodical, either in its advertising or reading 


65 


columns, any paid matter which is designed 
or tends to aid, injure or defeat any candidate 
for public office, or a constitutional amend¬ 
ment or any other question submitted to the 
voters, unless the name of the chairman or 
secretary, or the names of two officers of the 
political or other organization inserting the 
same, or the name of some voter who is re¬ 
sponsible therefor, with his residence and the 
street and number thereof, if any, appear in 
the nature of a signature. Such matter in¬ 
serted in reading columns shall be preceded 
or followed by the word Advertisement in a 
separate line, in type set smaller than that of 
the body type of the newspaper or other peri¬ 
odical. 

Sect. 2. Any person who violates, or in 
any way knowingly aids or abets the violation 
of any provisions of this act, shall be punished 
by a fine of not more than one hundred dollars, 
or by imprisonment for not more than sixty 
days. 

Approved April 6, 1911. 

CHAPTER 113, LAWS OF 1911. 

An Act prohibiting Campaign Contributions 

by Corporations. 

Section 1. No corporation, incorporated 
under the laws of or doing business in this 
state and no officer, director, agent or em¬ 
ployee of and acting in behalf of such cor¬ 
poration shall pay or contribute or authorize 
or direct to be paid or contributed any sum 
of money or any check, draft, note or other 
article of value, to any political party, com¬ 
mittee or to any individual or corporation for 
the purpose or with the intention of having 
such money or any part thereof or such check, 
draft, note or other article of value or any 
part thereof expended or used for the pur- 


60 


pose of aiding or promoting, or of preventing 
or opposing the nomination or election of any 
person to public office established by or under 
the authority of the constitution or laws of 
this state or of the United States, or expended 
or used for the purpose of promoting or an¬ 
tagonizing the interests of any political party. 

Sect. 2. No person shall solicit or receive 
• the payment of any sum of money or the de¬ 
livery of any check, draft, note or other arti¬ 
cle of value for the purposes specified in the 
preceding paragraph, from any corporation in¬ 
corporated under the laws of or doing busi¬ 
ness in this state or from any officer, director, 
agent, or employee of such corporation and 
on its behalf. 

Sect. 3. Any corporation violating any of 
the provisions of this act shall be punished by 
a fine of not exceeding three thousand dollars 
for each offense; and any individual violating 
any of the provisions of this act shall be pun¬ 
ished by a fine of not exceeding one thousand 
dollars or by imprisonment not exceeding six 
months. 

Sect. 4. This act shall take effect upon its 
passage. 

Approved April 6, 1911. 

CHAPTER 101, LAWS OF 1911. 

Ax Act to provide for Publicity of Campaign 

Receipts and Expenditures by Political 

Committees and Candidates. 

Section 1. The term political committee 
under the provisions of this act shall apply to 
every committee or combination of three or 
more persons who shall aid or promote the 
success or defeat of a political party or princi¬ 
ple in a public election or the success or de¬ 
feat of any measure voted on at a public 
election or shall aid or take part in the nom- 


67 


ination, election, or defeat of any candidate 
for public office. Every political committee 
shall have a treasurer who shall be a citizen 
of this state and whose duty it shall be to 
receive and expend all its money. 

Sect. 2. The state committee of every 
political party shall file, on the third day pre¬ 
ceding the election, with the secretary of state 
and also publish in two daily newspapers in 
this state, an itemized statement, signed and 
sworn to by its chairman and treasurer, show¬ 
ing in detail all its receipts and expenditures, 
with the names of the various persons by 
whom they were made and the respective 
amounts thereof, and the names of various 
persons, corporations, or committees to whom 
they were made, with the specific nature and 
amount of each expenditure. Within fifteen 
days after said election another itemized state¬ 
ment, signed and sworn to by the same offi¬ 
cers, shall be likewise filed and published, 
covering in like manner all receipts and ex¬ 
penditures subsequent to the first statement. 

Sect. 3. Every other political committee 
shall, within fifteen days after the election, 
file with the secretary of state and with the 
town or city clerk for the town or city where 
the treasurer resides, an itemized statement, 
signed and sworn to by the chairman and 
treasurer, of all its receipts and expenditures, 
if the total amount exceeds one hundred dol¬ 
lars, showing the names of the various persons 
by whom they were made and the respective 
amounts thereof and the names of the various 
persons, corporations, or committees to whom 
they were made, with the specific nature and 
amount of each expenditure. Where the 
amount does not exceed one hundred dollars, 
a statement to that effect, signed and sworn to 
by the chairman and treasurer, shall be filed 
with the same officials and within the same 


68 


time as that specified for the itemized state¬ 
ment above described. 

Sect. 4. Every candidate at the primary 
or general election for governor or repre¬ 
sentative to congress shall, on the third day 
preceding said primary or election, file with 
the secretary of state and also publish in iw-o , 
daily newspapers of this state, an itemized 
sworn statement of all his receipts and ex¬ 
penditures, in aid of his nomination or elec¬ 
tion, showing in detail the names of the vari¬ 
ous persons by whom they were made and the 
respective amounts thereof, and the names of 
the various persons, corporations, or commit¬ 
tees to whom they were made, with the specific 
nature and amount of each expenditure. 
Within fifteen days after said primary or elec¬ 
tion a similar sworn itemized statement shah 
be likewise filed and published, showing in 
like manner all receipts and expenditures sub¬ 
sequent to the first statement. 

Sect. 5. Every candidate for United 
States senator shall, on the third day preced¬ 
ing the day upon which such senator is to be 
chosen, file with the secretary of state and 
also publish in two daily newspapers of this 
state a sworn itemized statement of all his 
receipts and expenditures in aid of his elec¬ 
tion, showing in detail the names of the per¬ 
sons by whom they were made and the re¬ 
spective amounts thereof, and the names of 
the various persons, corporations, or commit¬ 
tees to whom they were made, with the specific 
nature and amount of each expenditure. 
Within fifteen days after said election a simi¬ 
lar sworn itemized statement shall be likewise 
filed and published, showing in like manner 
all receipts and expenditures subsequent to the 
first statement. 

Sect. 6. Every candidate at the primary 
or general election for councilor, state senator, 


G9 


or representative to the general court, who has 
expended a sum in excess of twenty-five dol¬ 
lars, shall within fifteen days after said pri¬ 
mary or general election file with the secretary 
of state and with the town or city clerk for 
the town or city in which he resides an item¬ 
ized sworn statement of all his receipts and 
expenditures in aid of his nomination, show¬ 
ing in detail the names of the various persons 
by whom they were made and the respective 
amounts thereof, and the names of the various 
persons, corporations, or committees to whom 
they were made, with the specific nature and 
amount of each expenditure. All such state¬ 
ments shall be open to public inspection. 

Sect. 7. Any person who violates the 
foregoing provisions of this act shall be guilty 
of a misdemeanor and upon conviction shall 
be fined not more than five hundred nor less 
than one hundred dollars and be imprisoned 
in the county jail not less than thirty nor 
more than ninety days, nor shall he be en¬ 
titled to the nomination or election until said 
sworn itemized statement is filed and published 
as hereinbefore required. 

Sect. 8. No person not a candidate for 
nomination at the primary or election shall 
contribute, expend or promise to contribute or 
expend any money or thing of value, in aid 
of the nomination or defeat of any candidate 
at the primary or election, or in aid of the 
success or defeat of any political party or 
principle, or in aid of the success or defeat 
of any measure to be voted on at any election, 
unless contributed directly to some candidate 
at the primary or election, or some political 
committee of this state. 

Sect. 9. Any person violating the pro 
visions of section 8 of this act shall be guilty 
of a misdemeanor and upon conviction shall 
be fined not more than five hundred nor less 


70 


than one hundred dollars and be imprisoned 
in the county jail not more than ninety nor 
less than thirty days. 

Sect. 10. This act shall take effect upon 
its passage. 

Approved April 6, 1911. 

THE CAUCUS LAW. 

CHAPTER 93, LAWS OF 1905. 

A N Act in Relation to Political Caucuses and 

Conventions. 

Section 1. All town and ward caucuses 
shall be called by a notice posted in five con¬ 
spicuous places in the town or ward, one of 
which places shall be the postoffiee, if there 
is one in said town or ward, and published 
in some newspaper, if there be any, published 
in the town or city, ten days or more before 
the day of the caucus. 

Sect. 2. Said notice shall specify the place 
and the day and hour of meeting, and shall 
further state the time during whbh the polls 
shall be open for the reception of ballots, 
which at caucuses for the election of delegates 
to conventions shall be fixed by the executive 
committee of the party in the town or ward 
holding the caucus, but in no case shall the 
time during which the polls shall be open be 
less than one hour. At all other caucuses the 
time shall be, in towns and wards having not 
more than two thousand inhabitants according 
to the last pre3eding national census, not less 
than two hours, and in towns and wards hav¬ 
ing more than two thousand inhabitants ac¬ 
cording to such census, not less than three 
hours. 

Sect. 3. All nominations and elections at 
any caucus shall be by ballot, and in balloting 
a check list shall invariably be used; a plu- 


71 


rality shall in every case be sufficient to nom¬ 
inate or elect. 

Sect. 4. The check list for use at any cau¬ 
cus shall be prepared by the local executive 
committee of the party holding said caucus. 
Notice of the times and places where the 
executive committee will attend for the pur¬ 
pose of receiving evidence and suggestions as 
to the make-up of the check list, shall be given 
in the same manner as notice of the caucus 
is required to be given. No man shall be al¬ 
lowed to vote in the caucus unless his name 
is on the said check-list. No name shall be 
placed on the check-list after the hour for the 
opening of the caucus has arrived except the 
name of a person whose right to vote in the 
caucus is well known to the executive com¬ 
mittee. 

Sect. 5. The local executive committee of 
the party holding the caucus shall have full 
power to regulate the form, size, and charac¬ 
ter of the ballots to be used, and also to regu¬ 
late the manner of conducting the caucus, in 
any way consistent with the provisions of this 
act. 

Sect. 6. No person shall vote in any cau¬ 
cus unless his name is on the check-list used 
by said caucus, or upon the name of any other 
person, and no person shall vote in the caucus 
of more than one political party, or having 
voted in the caucus of a political party sign 
the nomination papers of any other political 
party. 

Sect. 7. No person shall vote in an> 
caucus unless he intends to support the ticket 
of the party holding the caucus at the next 
ensuing election. When the right of any per¬ 
son to vote in a caucus is challenged he shall 
stand aside and subscribe to the following 
oath or affirmation before his vote shall be 
received: 


72 


I. -, tlo solemnly swear (or affirm) 

that I am a legal voter in -, and that I 

intend to vote the ticket of the party holding 
this caucus at the next ensuing election. 

Any person who shall violate any of the 
provisions of this act shall be punished by a 
fine not exceeding one hundred dollars or by 
imprisonment not exceeding thirty days. Any 
person who shall swear falsely in regard to 
the provisions of this act shall be guilty of per¬ 
jury and punished accordingly. 

Sect. 8. The presiding officer of every 
caucus shall, within forty-eight hours after the 
close of said caucus, file with the clerk of the 
city or town in which such caucus was held, 
the check-list used in said caucus, and the 
said clerk shall keep the same for the full 
period of two calendar months thereafter, in 
his office, open to the inspection of every citi¬ 
zen of such city or town, and shall not make 
nor permit to be made upon such check-list 
any mark whatever. 

Sect. 9. In filing nominations with the 
secretary of state the presiding officer of the 
caucus shall certify that the caucus was called 
and conducted according to the provisions of 
this act. If nominations are not accompanied 
by such certificate they shall not be placed 
upon the official ballot. 

Sect. 10. This act shall be in force in all 
cities of twelve thousand inhabitants and 
towns of forty-five hundred inhabitants, and 
in such other cities and towns of the state as 
shall by majority vote of the voters at an 
annual or biennial meeting adopt the same. 

Sect. 11. This act shall take effect upon 
its passage, and chapter ' 105 of the Laws of 
1901 as amended by chapter 40 of the Laws 
of 1903 is hereby repealed. 

Approved March 10, 1905. 

Amendment approved April 5, 1907. 


73 




Constitutional Provisions 


BILL OF RIGHTS. Art. 11. All elec¬ 
tions ought to be free; and every inhabitant 
of the state, having the proper qualifications, 
lias equal right to elect and be elected into 
office; but no person shall have the right to 
vote, or be eligible to office under the con¬ 
stitution of this state, who shall not be able 
to read the constitution in the English lan¬ 
guage, and to write, provided, however, that 
this provision shall not apply to any person 
prevented by a physical disability from com¬ 
plying with its requisitions, nor to any per¬ 
son who now has the right to vote, nor to 
any person who shall be sixty years of age or 
upwards on the first day of January, A. 1>. 
1904. 

CONSTITUTION—PART SECOND. 

HOUSE OF REPRESENTATIVES. Art. 9. 
There shall be, in the legislature of the state, 
a representation of the people, biennially 
elected, and founded upon the principles of 
equality; and, in order that such representa¬ 
tion may be as equal as circumstances will 
admit, every town, or pla^e entitled to town 
privileges, and wards of cities having six hun¬ 
dred inhabitants by the last general census 
of the state, taken by authority of the United 
States or of this state, may elect one repre¬ 
sentative; if eighteen hundred such inhabit¬ 
ants, may elect two representatives; and so 
proceeding in that proportion, making twelve 
hundred such inhabitants the mean increasing 
number for any additional representative. 
Provided, that no town shall be divided or the 
boundaries of the wards of any city so altered 


74 



as to increase the number of representatives 
to which such town or city may be entitled by 
the next preceding census; and provided 
further, that to those towns and cities which 
since the last census have been divided or had 
their boundaries or ward lines changed, the 
general court, in session next before these 
amendments shall take effect, shall equitably 
apportion representation in such manner that 
the number shall not be greater than it would 
have been had no such division or alteration 
been made. 

Art. 10. Whenever any town, place, or city 
ward shall have less than six hundred in¬ 
habitants, the general court shall authorize 
such town, place, or ward to elect and send 
to the general court a representative such pro¬ 
portionate part of the time as the number ot 
its inhabitants shall bear to six hundred; but 
the general court shall not authorize any such 
town, place, or ward to elect and send such 
representative, except as herein provided. 

Art. 11. The members of the house of 
representatives shall be chosen biennially, in 
the month of November, and shall be the 
second branch of the legislature. 

Art. 12. All persons qualified to vote in 
the election of senators shall be entitled to 
vote, within the district where they dwell, in 
the choice of representatives. 

SENATE. Art. 24. The senate shall con¬ 
sist of twenty-four members, who shall hold 
their office for two years from the first 
Wednesday of January next ensuing their 
election. 

Art. 25. And, that the state may be 
equally represented in the senate, the legisla¬ 
ture shall, from time to time, divide the state 
into twenty-four districts, as nearly equal as 
may be without dividing towns and unincor- 


porated places; and, in making this division, 
they shall govern themselves by the proporti n 
of direct taxes paid by the said districts, and 
timely make known to the inhabitants of the 
state the limits of each district. 

Art. 26. The freeholders and ether in¬ 
habitants of each district, qualified as in this 
constitution is provided, shall, biennially, give 
in their votes for a senator at some meeting 
holden in the month of November. 

Art. 27. The senate shall be the first 
branch of the legislature, and the senators 
shall be chosen in the following manner, viz.: 
every male inhabitant of each town, and 
parish with town privileges, and places unin¬ 
corporated, in this state, of twenty-one years 
of age and upward, excepting paupers and 
persons excused from paying taxes at their 
own request, shall have a right, at the biennial 
or other meetings of the inhabitants of said 
towns and parishes, to be duly warned and 
holden biennially, forever, in the month of 
November, to vote, in the town or parish 
wherein he dwells, for the senator in the dis¬ 
trict whereof he is a member. 

Art. 28. Provided, nevertheless, that no 
person shall be capable of being elected a 
senator who is not of the age of thirty years, 
and who shall not have been an inhabitant of 
this state for seven years immediately preced¬ 
ing his election; and, at the time thereof, ha 
shall be an inhabitant of the district for which 
he shall be chosen. 

Art. 29. And every person qualified as the 
constitution provides shall be considered an 
inhabitant, for the purpose of electing and 
being elected into any office or place within 
this state, in the town, parish, and plantation 
where he dwelleth and hath his home. 


76 


VOTING—RECORD AND RETURN. 


Art. 31. The meetings for the choice of 
governor, council, and senators, shall be 
warned by warrant from the selectmen, and 
governed by a moderator who shall, in the 
presence of the selectmen (whose duty it shall 
be to attend), in open meeting, receive the 
votes of all the inhabitants of such towns and 
parishes present and qualified to vote for sena¬ 
tors; and shall, in said meetings, in presence 
of the said selectmen and of the town clerk in 
said meetings, sort and count the said votes, 
and make a public declaration thereof, with 
the name of every person voted for and the 
number of votes for each person; and the 
town clerk shall make a fair record of the 
same, at large, in the town book, and shall 
make out a fair attested copy thereof, to be 
by him sealed up and directed to the secretary 
of the state, with a superscription expressing 
the purport thereof; and the said town clerk 
shall cause such attested copy to be delivered 
to the sheriff of the county in which said 
town or parish shall lie thirty days, at least, 
before the first Wednesday of January, or to 
the secretary of the state at least twenty days' 
before the said first Wednesday of January; 
and the sheriff of each county or his deputy 
shall deliver all such certificates by him re¬ 
ceived into the secretary’s office at least tweni> 
days before the first Wednesday of January. 

GOVERNOR’S ELECTION. 

Art. 41. The governor shall be chosen 
biennially, in the month of November, and the 
votes for governor shall be received, sorted, 
counted, certified, and returned in the same 
manner as the votes for senators; and the 
secretary shall lay the same before the senate 
and house of representatives on the first 


77 


Wednesday of January, to be by them ex¬ 
amined; and, in case of an election by a 
majority of votes through the state, the choice 
shall be by them declared and published; and 
the qualifications of electors of the governor 
shall be the same as those for senators; and, 
if no person shall have a majority of votes, 
the senate and house of representatives shall, 
by a joint ballot, elect one of the two persons 
having the highest number of votes, who shall 
be declared governor. And no person shall 
be eligible to this office unless, at the time of 
his election, he shall have been an inhabitant 
of this state for seven years next preceding, 
and unless he shall be of the age of thirty 
years. 


COUNCIL. 

Art. 59. There shall be biennially elected 
by ballot five councilors, for advising the gov¬ 
ernor in the executive part of government. 
The freeholders and other inhabitants in eacn 
county, qualified to vote for senators, shall, 
some time in the month of November, give in 
their votes for one councilor, which votes shall 
be received, sorted, counted, certified, and re¬ 
turned to the secretary’s office, in the same 
manner as the votes for senators, to be by 
the secretary laid before the senate and house 
of representatives on the first Wednesday of 
January. 

Art. 60. And the person having a majority 
of votes in any county shall be considered as 
duly elected a councilor; but, if no person 
shall have a majority of votes in any county 
the senate and house of representatives shall 
take the names of the two persons who have 
the highest number of votes, in each county 
and not elected, and out of those two shall 
elect, by joint ballot, the councilor wanted for 


78 


su?h county: and the qualifications for coun¬ 
cilors shall be the same as for senator. 

Art. 61. If any person thus chosen a coun¬ 
cilor shall be elected governor or member of 
either branch of the legislature and shall ac¬ 
cept the trust, or if any person elected a 
councilor shall refuse to accept the office, or 
in case of the death, resignation, or removal 
of any councilor out of the state, the governoi 
may issue a precept for the election of a new 
councilor in that county where such vacancy 
shall happen; and the choice shall be in the 
same manner as before directed; and the go* 
ernor shall have full power and authority to 
convene the council, from time to time, at his 
discretion; and, with them or the majority of 
them, may and shall, from time to time, hold 
a council for ordering and directing the af¬ 
fairs of this state, according to the laws of 
the land. 


COUNTY OFFICERS. 

Art. 70. The county treasurers, registers 
of probate, solicitors, sheriffs, and registers of 
deeds shall be elected by the inhabitants of the 
several towns in the several counties in the 
state, according to the method now practiced 
and the laws of the state; provided, neverthe¬ 
less, the legislature shall have authority to 
alter the manner of certifying the votes and 
the mode of electing those officers, but not so 
as to deprive the people of the right they now 
have of electing them. 

Art. 93. No person shall be capable of ex¬ 
ercising at the same time more than one of 
the following offices in this state, viz.: judge 
of probate, sheriff, register of deeds; and 
never more than two offices of profit, which 
may be held by appointment of the governor, 
or governor and council, or senate and house 
of representatives, or superior or inferior 

79 


courts, military offices and offices of justices 
of the peace excepted. 

Art. 94. No person holding the office of 
judge of any court (except special judges), 
secretary, treasurer of the state, attorney- 
general, commissary general, military officers 
receiving pay from the continent or this state 
(excepting officers of the militia occasionally 
called forth on an emergency), register of 
deeds, sheriffs, or officers of the customs, in¬ 
cluding naval officers, collectors of excise and 
state and continental taxes hereafter ap¬ 
pointed, and not having settled their accounts 
with the respective officers with whom it is 
their duty to settle such accounts, members of 
congress, or any person holding any office un¬ 
der the United States, shall at the same time 
hold the office of governor, or have a seat in 
the senate or house of representatives or coun¬ 
cil; but his being chosen and appointed to and 
accepting the same shall operate as a resigna¬ 
tion of his seat in the chair, senate, or house 
of representatives, or council, and the place 
so vacated shall be filled up. No member of 
the council shall have a seat in the senate or 
house of representatives. 

Art. 95. No person shall ever be admitted 
to hold a seat in the legislature, or any office 
of trust or importance under the government, 
who in the due course of law, has been con¬ 
victed of bribery or corruption in obtaining 
an election or appointment. 


80 


INDEX. 


PAGE. 

Advertising, political . 65 

Aliens, unnaturalized, not to vote. 52 

Amendments of return of votes, how made 51 
Annual elections, when held. 58 

Ballots, prepared by whom. 19 

to contain what. 19 

form of .19, 21 

number of . 21 

sent to clerks, how. 22 

specimen, furnished . 21 

how marked . 22 

spoiled, disposition of . 26 

counted, by whom . 28 

result announced, how . 28 

defective, not counted . 27 

marked how . 27 

preservation of . 39 

sealed, how . 39 

preserved, how long . 40 

forwarded to secretary, when. . . 40 

recount, proceedings for. 40 

resealed after recount, how. ... 41 

destroyed, when . 41 

fraud in, punished, how. 29 

Ballot-boxes, penalty for destroying. 51 

Ballot-clerks, number . 23 

duties .24, 28 

Ballot-law commissioners, appointment.. 19 

duties of .... 19 

Bribery at elections, how punished. 57 

Candidates. [See Primary, Direct.] 

Candidates, nomination papers . 16 

vacancy, how filled . 17 

objections to, how made. ... 18 


81 





























PAGE. 

Certificates of nomination, filed when.. 16 

to contain what . .'.. lb 

signed by whom . 16 

objections to, how made. ... 19 

Check lists, supervisors to make and post 33 

correct, how. . 34 

open to examination, when.. 35 

names on, deemed legal voters 35 
names left off, effect of. . . . 35 

election to be by, when. ... 36 

duplicates of, for clerks. ... 24 

I>reservation of .24, 36 

destruction of, penalty. 51 

Cities, may adopt election law. 18 

qualifications of voters in. 62 

polls opened and closed, when. ... 62 

City clerk, to receipt for ballots. 22 

furnish ballots if lost. . . 23 

deliver ballots . 22 

preserve ballots . 40 

forward ballots . 40 

destroy ballots . 40 

City officers, nominated how.. 19 

election of . 62 

plurality to elect. 62 

mayor, election of. 63 

aldermen, election of. 63 

councilmen, election of. . . . 63 

Clerk, town, choice and duties of.. 61 

to act as moderator, when. 60 
send receipt for ballots. . 22 

furnish ballots if lost... 23 
post specimen ballots. ... 21 

deliver ballots . 22 

check name of voter.... 26 
assist in counting votes. . 28 

make return of votes.... 47 

false return, penalty. 51 

neglect to return, penalty. . 51 

to preserve ballots . 28 


82 






















PAGE. 

Clerk, town, to preserve check lists .... 28 

forward ballots, when .... 40 

destroy ballots, when . 40 

Congressmen, election of. 45 

Contested elections, notice in. 41 

depositions in . 42 

evidence, ready when 42 
Contributions for political purposes, cor¬ 
poration not to make 66 
publicity provided for 67 
political purposes, 
solicitation from cor¬ 
poration prohibited 67 
to whom to be made. 68 

Councilors, qualifications of. 78 

election of . 44 

County officers, elected how. 47 

contested elections . 48 

Direct primary: 

act to receive liberal construction.... 14 

checklist, how prepared, corrected, 

and preserved . 7 

declaration of candidacy, form of; when 

filed . 5 

failure to for¬ 
ward, penalty 12 

election of state delegates. 4 

election officers, who are considered. . 3 

existing election laws, when applicable 12 

fees to be paid by candidates. 5 

disposition of . 13 

forms, blanks, ballots, etc., how fur¬ 
nished . 5 

meaning of certain words. 3 

methods of nomination. 5 

not applicable to certain elections. ... 3 

official ballot, form and preparation.. 6 
party organizations, how effected.... 13 
party platforms, how and when adopted 13 


83 




















PAGE. 


Direct primary —Continued : 

plurality of votes to nominate. 10 

primary, notice of, how and by whom 

given . 4 

when and where 

held. 4 

registry of voters according to parties 9 
returns, how canvassed and published 10 
vacancies on party ticket, how filled. . 10 

votes, how counted and returned. ... 9 

recount of, how obtained and 
conducted . 11 

Elections, penalty for fraud in .29, 50 

hours of . 39 

illegal voting .... 52 

assault on election 

officer . 51 

destroying ballot-box 51 
check-list 51 
exhibition of, by 
voter after marking 29 
using liquor to in¬ 
fluence voters . . 52 

improperly influenc¬ 
ing voter . 52 

forging letters to in¬ 
fluence voter ... 53 

placing distinguish¬ 
ing mark on by 

voter . 29 

publishing same . . 53 

willful neglect by 
election officers . . 30 

Electors, presidential, choice of. 42 

duties of . 43 

compensation of . 44 

Expenditures, campaign . 68 


84 















PAGE. 

Governor, chosen when .44, 77 

qualifications of; of electors of 78 

votes for, how received, etc.. 77 

House of Representatives, members of.. 74 

qualifications. 95 

Inspectors of election, appointment. 28 

• qualifications. ... 23 

duties. 24 

License, vote on. 64 

Moderator, election of. 60 

Naturalization, jurisdiction of superior 

court . 64 

Nomination papers, filed when and where 17 
to contain what .... 16 

Plurality to elect, presidential electors. . 43 

representatives in con¬ 
gress . 46 

representatives in gen¬ 
eral court. 30 

town, city and ward 
officers . 30 

Senators, state, election of. 44 

qualifications of . 76 

districts . 75 

Supervisors of check list, election of. . 33, 37 

vacancies in . 33 

duties of ... . 33 

Town officers, election of. 61 

Voters, who are.32, 74, 76 

residence of . 32 

Warrants for town meetings. 58 


85 
























































































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